IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1002 of 2005 SATYA NARAYAN MISHRA SON OF LATE SUBANSH MISHRA ARESIDENT OF VILLAGE CHANDAUNA, P.S. JALLEY, DISTRICT DARBHANGA THE THEN STOREKEEPER CUM CASHIER COMMON FACILITIES SERVICE CETRE, DARBNHANGA Versus 1. THE STATE OF BIHAR 2. THE COMMISSIONER CUM SECRETARY, DEPARTMENT OF INDUSTRIES, BIHAR, PATNA. 3. THE DIRECTOR OF INDUSTRIES, GOVT. OF BIHAR, PATNA. 4. THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, DARBHANGA. 5. THE CONDUCTING OFFICER, SHREE ACHABAT RAM THE JOINT DIRECTOR, INDUSTRIES, BIHAR, NEW SECRETARIAT, PATNA. ----------- 3 16/08/2010 Petitioner wants quashing of order dated 28.6.1991 by virtue of which he was dismissed from service. One of the reasons for filing the present writ application is the acquittal of the petitioner in a criminal case by the appellate court which has been brought on record as Annexure- 5. Learned counsel for the State submits that years ago, petitioner had filed C.W.J.C. No. 7045 of 1992 for the same set of relief and the same came to be dismissed by a Division Bench on 30.11.1992. Even the review application filed by the petitioner was dismissed on 19.7.1993. Issue of validity of the order of dismissal, therefore, cannot be - 2 - allowed to be re-agitated at this stage merely because the petitioner stands acquitted by a court of appeal in a criminal case. It is also stated that against the said order of acquittal Government Appeal No. 4 of 2005 has been filed by the Government before this Court which has already been admitted and is pending for final decision. Therefore, it may be too early to say that the petitioner has been let off. In the totality of the circumstance, it is a misplaced kind of writ application. This writ application is dismissed. AMIN (Ajay Kumar Tripathi, J.)