Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17096 of 2012 ====================================================== Ramjee Paswan S/O Late Kishun Paswan R/O Topkhana Bazar Katghar P.S. Kotwali P.S. Kotwali District - Munger .... .... Petitioner/s Versus 1. Bihar State Food & Civil Supplies Corporation Ltd., Sone Bhawan Birchand Patel Path, Patna 2. Managing Director, Bihar State Food & Civil Supplies Corporation Ltd. Sone Bhawan Birchand Patel Path, Patna 3. Chief Of Administration, Bihar State Food & Civil Supplies Corporation Ltd. Sone Bhawan Birchand Patel Path, Patna 4. Chief Of Finance, Bihar State Food & Civil Supplies Corporation Ltd. Sone Bhawan Birchand Patel Path, Patna 5. District Manager, Bihar State Food & Civil Supplies Corporation Ltd.Munger 6. Accounts Officer, Bihar State Food & Civil Supplies Corporation Ltd, Munger .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Dinesh Kumar Gupta For the Respondent/s : M/s.R.S.Pradhan & Amrendra Narayan Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER 2 19-09-2012 Heard learned counsel for the petitioner and learned counsel for the respondent-Bihar State Food and Civil Supplies Corporation. The petitioner who was an employee of the respondent-Corporation had been dismissed from service upon his conviction in a criminal case for the offences under [STATUTE] . By order dated 9.4.2002 he was dismissed from service on the ground of such conviction in the criminal case. The petitioner challenged the said action of the respondent by filing CWJC No. 11456/2002 which was dismissed on 21.2.2008 with the following observations in para-9 of the said order:- “In the given circumstance, until the conviction is set aside, rightly it was decided by the Patna High Court CWJC No.17096 of 2012 (2) dt.19-09-2012 2 / 2 2 Corporation not to retain the petitioner in service. However, if he succeeds in appeal or in any other proceeding then matter can always be reviewed and petitioner’s case may be considered for reinstatement.” But for the order of dismissal the petitioner would have retired from service on 30.6.2008. However, the appeal remained pending and by judgment and order dated 27.9.2011 the conviction and sentence passed against him by the trial court has been set aside. The petitioner thereafter filed representation before the respondents claiming entire salary for the period from 9.4.2002 till his date of retirement and also the post retiral dues treating his date of retirement as 30.6.2008 and other consequential reliefs. It is submitted by learned counsel for the petitioner that no decision has been taken by the respondents on the representation. In the above circumstances, the writ application is disposed of with a direction to the respondent no.2, the Managing Director, Bihar State Food and Civil Supplies Corporation to consider and dispose of the representation of the petitioner by a speaking order within a period of four months from the date of receipt/production of a copy of this order. S.Pandey/- (Ramesh Kumar Datta, J)

Applicable IPC Section: 302

Statute Text:
Section 302 of the Indian Penal Code. Murder. Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine.