AWADH SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the appellant and respondents and perused the impugned judgment and considered the pleadings on record.

(2.) Briefly stated: Petitioner came before learned Writ Court seeking full back wages for the period of suspension and also for the period from the date of dismissal on 4th April, 2011 till his reinstatement and joining on 1 st July, 2016 since his representation was rejected by Order no. 991/2016 bearing Memo no. 1316 dated 2nd July, 2016 (Annexure-13) to the writ petition issued by Superintendent of Police, Koderma, respondent no. 4 herein.

(3.) Factual matrix of the case is not in dispute to the extent that the writ petitioner/appellant faced criminal proceedings and departmental proceedings for similar charges i.e., institution of a police case for the offence under Section 377 of I.P.C i.e. commission of unnatural offence being Markachho P.S. Case No. 51 of 2010, corresponding to G.R. No. 406 of 2010. He faced suspension by order dated 05th June, 2010 and in the departmental proceeding, he was found guilty of the charges and dismissed from service on 4th April, 2011 and affirmed by the Appellate Authority as well as Revisional Authority. He stood acquitted in the criminal proceeding.