Swayamwar Jha vs South Eastern Coalfields Limited
2022 Latest Caselaw 1505 Chatt

                                        1

                                                                           NAFR
             HIGH COURT OF CHHATTISGARH, BILASPUR

                      Writ Petition (S) No. 1941 of 2022

     Swayamwar Jha S/o Late Shri Umesh Jha, Aged About 57 Years, R/o
     M-805,    Aadarsh       Nagar,    Kusmunda   Colliery,     District   Korba
     Chhattisgarh.

                                                                   ---- Petitioner

                                      Versus

  1. South Eastern Coalfields Limited Through The Director (Personnel),
     SECL Headquarters, Seepat Road, Bilaspur, Chhattisgarh.

  2. Chief General Manager, South Eastern Coalfields Limited, Kusmunda
     Area, District Korba, Chhattisgarh.
                                                              ---- Respondents

For Petitioner : Mr. Dhiraj Kumar Wankhede, Advocate For Respondents : Mr. Vaibhav Shukla, Advocate

Hon'ble Shri Justice P. Sam Koshy Order On Board 23.03.2022

1. The grievance of petitioner in the present writ petition is the inaction

on the part of respondents in taking an appropriate decision on the

claim of petitioner for reinstatement in service pursuant to the

judgment of acquittal dated 01.10.2021.

2. The facts of the case in brief are that the petitioner was working under

the respondents as a Clerk Grade-II. The petitioner got implicated in

a criminal case for the offence under Section 307 of IPC. He was

subjected to a criminal trial where the trial resulted in his conviction

vide judgment dated 09.11.2001 and the petitioner was sentenced to

RI for 7 years with fine of Rs.500. The said judgment of conviction

was subjected to challenge in Criminal Appeal No.1118/2001. The

petitioner got the suspension of sentence and he was released on bail

vide order dated 17.04.2002. Since there was a judgment of

conviction against the petitioner, the respondent authorities invoking

the provisions of the certified standing order particularly Clause 26.8,

termianted the services of petitioner w.e.f. 05.11.2002 vide order

dated 01.11.2002.

3. It is relevant at this juncture to mention that the order of termination

was only on the basis of conviction of petitioner. Subsequently, the

criminal appeal preferred by the petitioner i.e. Criminal Appeal

No.1118/2001 stood finally allowed vide order dated 01.10.2021. The

judgment of conviction was set aside/quashed and it was held that the

prosecution has not been able to establish its case so far as the

offence of petitioner is concerned. Thereafter, the petitioner has been

approaching the respondents for taking his services back but the

respondents are not taking a decision on the said claim of petitioner

till date.

4. Undisputedly, the petitioner herein has not been removed or

terminated from service after conducting a departmental enquiry. The

sole ground for termination was the order of conviction. Subsequent

to the judgment in Criminal Appeal No.1118/2001 dated 01.10.2021,

the judgment of conviction is no longer in existence. Since the

judgment of conviction itself does not exist, the ground on which the

petitioner was terminated vide order dated 01.11.2002 also does not

exist any further. The order of termination from service therefore on

the basis of conviction needs to be reconsidered by the respondents

and an appropriate order has to be passed.

5. Given the facts, the writ petition as of now stands disposed of

directing the respondents to immediately consider and decide the

claim of petitioner for reinstatement in service in the light of the

judgment of acquittal in his favour. Let the respondents 1 & 2 take an

appropriate decision in this regard within an outer limit of 60 days

from the date of receipt of copy of this order. Needless to mention

that the authorities would consider and decide the claim in

accordance with the rules and regulations and the legal positions as it

stand today.

Sd/-

(P. Sam Koshy) Judge Khatai