BIRENDRA MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioner seeks quashing of the order of his dismissal/discharge from service dated 31.12.1997 (Annexure-12) as well as the order of dismissal of his appeal dated 16.1.2001 (Annexure-14).

(2.) Petitioner was the erstwhile employee of the respondent Bihar State Road Transport Corporation. Based on a written report dated 12.4.1990 of the then Depot Superintendent of Saharsa, two proceedings were initiated, one was lodging of a first information report against the petitioner for assault and battery. A departmental proceeding was also initiated for the misconduct of assaulting the then Depot Superintendent, namely, Deo Nandan Prasad Singh. The incident was supposed to be on a dispute relating to payment of salary for a particular month, about which the employees of the respondents were aggrieved and agitated about. Petitioner was supposed to be an office bearer of the recognised trade union and he does not deny that he raised serious grievances with regard to non-payment of the salary of the employees at the relevant time. There was a strike also in this regard and an agreement was reached and the matter was sorted out. When things died down, the respondents not only filed a criminal case against the petitioner but also initiated a departmental proceeding.

(3.) There is no dispute that the criminal case ended in acquittal as no evidence was led against the petitioner, which could lead to his conviction for the charges levelled against him. Further, in the departmental proceeding, based on the so-called enquiry, the disciplinary authority, namely, the Managing Director, passed an order of discharge. Petitioner's effort to beget relief from the appellate authority also failed because the order of the Managing Director was upheld by the Chairman. It is in this background that the present writ application has been filed challenging both the orders.