SUSHILA DEVI Vs. BHARAT COKING COAL LIMITED

JUDGEMENT

(1.) Heard learned counsel for the parties. The original petitioner died during the pendency of the writ application and has been substituted by his widow.

(2.) The petitioner was dismissed on 14.7.2000 vide Annexure-2 order issued by the office of the Agent/Project Officer, Muraidih Colliery, Dhanbad, Bharat Coking Coal Limited on account of his conviction in a R.C. Case No. 11 of 1993 passed by the Sub-Judge, C.B.I., Dhanbad vide judgment dated 22.12.1999, in view of clause 28 of the certified standing orders. The petitioner, however, was acquitted of the criminal charges by a judgment passed in Cr. Appeal No. 40 of 2000(R) dated 30.3.2007 just one day prior to his natural date of superannuation i.e. 31.3.2007. In such circumstances, the petitioner has approached this Court for seeking consequential benefits of service from the date of dismissal till his natural date of retirement. He had also sought quashing of the original order of punishment, whereby he was discharged from service in view of the subsequent development leading to his acquittal in a criminal case being R.C. Case No. 11 of 1993, which was the basis for his dismissal.

(3.) It is true that the petitioner was acquitted, vide Annexure-3, judgment dated 30.3.2007 passed by this Court, just before reaching the age of superannuation on the next date. In such circumstances, the petitioner could not have sought for a relief for reinstatement upon reconsideration of the original order of punishment of dismissal from service.