KINU MANJHI Vs. CENTRAL COALFILEDS LTD

JUDGEMENT

(1.) Heard learned counsel for the parties. The order dated 29.07.1998 of dismissal from service issued by the Project Officer/Agent, Sayal 'D' Colliery, Central Coalfields Ltd., Sayal, Hazaribad, respondent no, 2 is under challenge, apart from that Appellate Order dated 21.05.2002 rejecting his appeal is also under challenge. The petitioner is claiming reinstatement in service from the date of his termination with full backwages.

(2.) According to the petitioner, he was appointed on 16.11.1988 as Trammer in Sayal 'D' Colliery, Central Coalfields Ltd., Sayal, Hazaribad. He was further implicated in a criminal case being Barkagaon P.S. Case No. 46 of 1995 under Sections 302/201 of the Indian Penal Code and in connection with the said case, he was arrested on 14.08.1995 and subsequently, remanded to jail custody.

(3.) The contention of the petitioner is that he has made several intimations regarding his arrest to the concerned officer of the colliery through the Jail Authorities, which were sent vide memo no. 1351 dated 30.05.1998 and vide memo no. 1479 dated 25.05.1999, as informed by the Jail Office. However, he was finally acquitted by the Trial Court i.e. 5th Additional Sessions Judge, Hazaribagh vide Judgment dated 07.06.2001 of the charges levelled against him. Immediately after his acquittal, he made a representation before the respondent no. 2, the Project Officer/Agent, Sayal 'D' Colliery, Central Coalfields Ltd., Sayal, Hazaribagh and requested him to allow him to resume his duty, Annexure-2. He was informed that he has been terminated from the service vide order dated 29.07.1998 w.e.f. 30.07.1998, Annexure-2/A and 4. Thereafter, he preferred an appeal before the Appellate Authority, but his appeal has also been rejected vide impugned order dated 21.05.2002, Annexure-3.