SHEO NANDAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Senior Counsel for the petitioner as also the learned counsel for the State.

(2.) Writ petition was filed for quashing the Notification dated 31.12.2015 issued by the Secretary, Rural Works Department, Government of Bihar, Patna whereby and whereunder the petitioner has been dismissed from service as Junior Engineer in the Rural Works Department upon his conviction dated 21.12.2010 in the two criminal trials arising out of Vigilance Police Station Case No 29 of 1986 and 30 of 1986 for the offences under Sections 420, 467, 468, 471, 409, 477A and 120B of Indian Penal Code read with Section 5 (2) of the Prevention of Corruption Act. Prosecution was at the instance of persons stranger to the Department and vigilance cases were lodged alleging that the petitioner, along with others, had indulged in financial embezzlement of public money while implementing the scheme of the Government for digging wells on private land of the marginalized family of the society.

(3.) During pendency of the instant proceedings, the two convictions of the petitioner have been set aside by the High Court, in the proceedings arising out of Cr Appeal (SJ) No 53 of 2011 and Cr Appeal (SJ) No 71 of 2011. On 02.08.2017 and 13.02.2019, High Court has set aside the findings of the trial Court in Cr Appeal (SJ) No 53 of 2011 and Cr Appeal (SJ) No 71 of 2011 respectively and has allowed the appeals of the petitioner.