RANCHI, India, Feb. 11 -- Jharkhand High Court issued the following order on Jan. 12:

1. Heard, learned Senior counsel for the petitioner and learned counsel for the respondents.

2. Petitioner by filing this writ petition has prayed for quashing the order of dismissal dated 17.04.2006, by which the petitioner has been dismissed after departmental proceeding, on the ground that the charge against the petitioner stands proved. The petitioner also claims the other consequential benefits.

3. Petitioner was proceeded against in the departmental proceeding. The chargesheet of the departmental proceeding is on record. As per the chargesheet, there is an allegation of theft of diesel of 116 liters, against the petitioner. After a proper departmental proceeding, the petitioner was terminated. On the same set of charges, a criminal case was also instituted against the petitioner. The petitioner was tried by the learned Judicial Magistrate, 1st Class at Dhanbad in G.R. Case No.1395 of 2005, registered under Sections 379/411/34 of IPC. The learned Judicial Magistrate, 1st Class at Dhanbad after considering the evidence and the materials on record acquitted the petitioner and others, who faced trial holding them not guilty. The aforesaid judgment is also on record. From the judgment, it is clear that the acquittal is a clean acquittal.

4. The facts remain that the petitioner was dismissed from service prior to the judgment of acquittal.

5. Now since, the petitioner has already stood acquitted and the acquittal is the clean acquittal, Mr. Anoop Kumar Mehta submits that the petitioner should approached the respondent No.2-The General Manager, Katras Area, BCCL, District Dhanbad, who will consider the representation of the petitioner considering the clean acquittal of the petitioner in the criminal case and will pass an appropriate order.

6. Considering the submission of Mr. Anoop Kumar Mehta, I direct the petitioner to file a detail representation before the General Manager Katras Area, BCCL, District Dhanbad within four weeks enclosing copy of the judgment of acquittal in the criminal case. Once the same is filed, the respondents will pass an appropriate order specially taking into consideration that the petitioner has been acquitted in the criminal trial for the same self-charge which was framed against the petitioner in the departmental proceeding within a period of six weeks from the date of filing of the representation.

7. If the order finds favour to the petitioner, appropriate consequential benefit should also be granted to the petitioner.

8. The entire process considered be concluded within a period of ten weeks from the date of receipt of a copy of this order.

9. With the aforesaid observation and direction, the instant writ petition stands disposed of.

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