SHAILENDRA KUMAR SINHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the appellant and the State on the prayer for condonation of delay of 8 days in preferring the instant memo of appeal, made through I.A. No. 3500 of 2019. We have also entertained the submissions made on merits of the challenge to the impugned judgment dated 25.07.2018 passed in W.P.(S) No. 5193 of 2009 by the learned Writ Court.

(2.) The brief fact of the case is that the writ petitioner / appellant herein, who was a veterinary doctor in the Animal Husbandry and Fisheries Department was accused in six Fodder Scam Cases in the year 1996 and dismissed from service on 11.03.1996. However, the order of dismissal was quashed by the Patna High Court vide order dated 27.02.1998 passed in C.W.J.C. No.735 of 1998. Petitioner was thereafter placed under suspension for his involvement in fodder scam cases by order dated 12.02.1999. He was also charge sheeted in all the six cases, out of whom, he was convicted in two such cases as per the counter affidavit of the respondent State. After his conviction in the year 2007 in R.C. Case No. 43(A)/1996 and 50(A)/1996, he was dismissed from service in 2011. In the instant writ petition, his claim for A.C.P. benefits under circular dated 14.08.2002 w.e.f. 05.01.1993 with interest was negated by the learned Writ Court holding as under:

(3.) On merits, learned counsel for the appellant has made two fold points: