RAJ MANI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties. At the outset, it is to be indicated that the Appellate Order passed in Criminal Appeal No. 409 of 1987 dated 18.07.1996, Annexure-8 is incomplete in the record. A certified copy of the said order has been produced by the petitioner which is kept on record.

(2.) The present petitioner is widow of the original petitioner Gorakh Nath Pal, who was dismissed from service on 22.03.1986 by an order passed by the respondent no. 3, the Commandant, BMP-IV, Bokaro Steel City, Bokaro, Dhanbad in Departmental Proceeding no. 11/82, Annexure- 6, which has been impugned herein. The petitioner has been acquitted from the criminal charges by the Appellate Court in Cr. Appeal No. 409 of 1987 vide judgment dated 18.07.1996, whereafter the representation of the petitioner for reconsideration has been rejected vide order dated 19.04.1999 passed by the Inspector General of Police, Bihar, Patna, Annexure-11. The original petitioner had also prayed for reinstatement in service, but during the pendency of the writ petition, he died on 18.05.2009 and thereafter, the present petitioner, widow, is prosecuting the instant case.

(3.) Incidentally it is also to be stated, herein that the writ petition was filed in the Patna High Court before bifurcation of the parent State of Bihar and thereafter stood transferred to this Court. It was dismissed for default on 11.09.2003 and thereafter was restored at the behest of substituted present petitioner. On the earlier occasion, on 31.01.2014 when the matter was taken up after restoration, the petitioner was directed to serve the copy of the pleadings upon the office of the Advocate General, Government of Jharkhand as there was no representation on behalf of the successor State of Jharkhand till then. Thereafter, a counter affidavit has also been filed by the respondent-State of Jharkhand, which is on record. The matter has been heard at length and is being decided.