ORDER :

S.B. Sinha, J.

The respondent herein was dismissed from service by order dated 27-8-1986 on the ground of having been convicted on a criminal charge under Section 323 Indian Penal Code. It is not in dispute that the High Court of Orissa by a judgment and order dated 24-11-1986 allowed the criminal revision preferred by the respondent herein from the judgment of conviction and sentence dated 20-12-1982 passed by the Sessions Judge in ST Case No. 16 of 1982, inter alia, holding that 'no evidence had been led by the prosecution to show as to who were the people who received injury on ground of assaults by any of the accused'. It was opined:

'That evidence being lacking, the conviction of the petitioner cannot be sustained in that view of the matter, I would set aside the conviction of the petitioner under Section 323, Penal Code, 1860 and acquit him of the charges levelled against him.'

2. The respondent filed representations before the appointing authority for his reinstatement, but the same did not receive favourable response. In the meanwhile, it appears, he had been convicted in another case viz. GR Case No. 677 of 1980. The respondent filed a writ petition before the High Cou