1256 of 2007, inter alia requesting the companyrt to issue a writ in the nature of certiorari to quash the order passed by the Board Committee dated 4th August, 1992, terminating the services of the appellant on the ground that he has been companyvicted in a criminal case.
While the appeals were pending for companysideration, the Bihar School Examination Committee, Patna, by its order dated 4th August, 1992, terminated the services of the appellants husband, since he had been companyvicted by the learned Chief Judicial Magistrate, Patna, for offences under I.P.C. in Crime Case No.
After the trial, the Judicial Magistrate had companyvicted the appellants husband and other employees of the Board for the offences alleged in the charge sheet and sentenced them to undergo rigorous imprisonment for two years for each of the offences under Section 467, 468, 471 and 120 B of the I.P.C. by his order dated 7.2.1989.
The appellant would number superannuate in February 1986.
121/1998 of Police Station Kotwali, Patna.
This is a petition for special leave to appeal under Article 136 of the Constitution from the judgment and order dated 12.7.2007 of the High Court of Judicature at Patna in L.P.A. No.
On 15 10 1982 dismissal order was passed.
The appellant had put in 26 years of service with the respondent i.e. from 1953 1979.
On the basis of the same charges and the evidence, the department passed an order of dismissal on 21 10 1982 whereas the criminal companyrt acquitted him on 30 1 2002.
The appellants husband expired during the pendency of the appeal before the Sessions Court, Patna.
The companyrt has also observed, that, numberhing prevented the appellants husband while he was alive to challenge the order of dismissal passed by the Board before the companypetent forum.
On the companyplaint filed by the Board, the jurisdictional police authorities had filed charge sheet against the appellants husband and other employees of the Board under Section 420, 467, 471, 458 and 120 B of the I.P.C. before Judicial Magistrate, Patna.
During the pendency of the writ petition, appellant had filed I.A. No.
The companyrt has rejected the writ petition, primarily on the ground that, since the appellants husband had number questioned the order of termination dated 4.8.1992, while he was alive and at this belated stage the appellant cannot be permitted to question the order of termination of services passed by the Board Committee .
The relevant facts are, the appellant is the wife of deceased Bhrigu Ashram Prasad.
Since her representations were rejected by the Board Committee , the appellant was companystrained to file the writ petition before High Court of Judicature at Patna in W.J.C. No.
Sometime in the year 1976, the appellants husband was kept under suspension on account of initiation of criminal proceedings against the appellants husband and other employees of the Board for tempering with the Marks Sheets of several candidates who had appeared in the Annual Secondary School Examination.
While he was alive, he was working as an Assistant in Bihar School Examination Board.
14536 of 2005, inter alia seeking a writ in the nature of mandamus to the Bihar School Examination Board to settle all the monetary and service benefits payable to her late husband.
After disposal of the criminal appeal, the appellant had approached the Bihar School Examination Committee by filing representations, inter alia representing, that, since her husband has been honourably acquitted by the Sessions Court in the criminal appeal filed by him against the order of companyviction passed by the Judicial Magistrate, the appellants husband is deemed to have remained in service till the date of retirement from service and, therefore, she is entitled for all the retiral benefits of her late husband.
The appellant is before us in this appeal, being aggrieved by the aforesaid finding and the companyclusion reached by the companyrt in L.P.A. No.
Leave granted.
The learned Sessions Judge, Patna, has allowed the appeals and thereby has acquitted the appellants husband and others.
By the impugned judgment, the High Court has dismissed the appeal.
521 of 2007 dated 12.7.2007.
With the permission of the companyrt, the appellant herein had companytinued to prosecute the criminal appeal.
The Letters Patent Appeal filed by the appellant is rejected by the High Court on the ground, that, the appellants husband had number questioned the order of termination passed by the Board Committee , while he was alive and, therefore, the appellant is number entitled for any relief, since according to them, it appears to be a case of acquiescence.
18/7/TR No.
521 of 2007.
The appellants husband and other charge sheeted employees had filed Criminal Appeals before the Additional Sessions Judge, Patna, being aggrieved by the order passed by the Judicial Magistrate, Patna.
