JUDGMENT :

ANUBHA RAWAT CHOUDHARY, J.

1. Heard Mr. Rajendra Krishna, learned counsel appearing on behalf of the petitioner.

2. Heard Mr. Amit Kumar Das, learned counsel appearing on behalf of the respondent-C.C.L.

3. Nobody appears on behalf of the respondent-C.M.P.F.

4. The present petition has been filed challenging the order no. 752 dated 29/30.10.2009 passed by the respondent no. 1 whereby the representation filed by the petitioner in pursuance of order passed by this Court in W.P. (S) No. 3180 of 2009 has been rejected. The petitioner has also prayed for setting aside the order no. 763 dated 06.07.1999 issued by the Respondent No. 1 whereby the petitioner has been dismissed from service on the sole ground of conviction in criminal case.

Arguments of the Petitioner

5. The petitioner was terminated on account of conviction in a criminal case but without holding any regular departmental enquiry and subsequently, the petitioner has been acquitted. The petitioner had moved this Court in W.P. (S) No. 3180 of 2009 challenging his order of termination on the ground of acquittal in the criminal case and the writ petition was disposed of with a direction to the appointing authority to examine the representation of the petitioner and to pass an appropriate reasoned order, either directing or refusing reinstatement of the petitioner and if reinstatement is ordered, to consider as to whether the petitioner should or should not be paid the entire back wages from the date of dismissal till the date of reinstatement.

6. It is not in dispute that the petitioner was Ex-Deputy Personnel Manager, Personnel, CCL, Ranchi (earlier posted in B.C.C.L.) and was convicted by the Special Judicial Magistrate, C.B.I. Dhanbad vide judgment dated 21.12.1998 in R.C. Case No. 3 and 9 of 1984 for alleged act relating to illegal appointment of 13 persons in B.C.C.L. On account of conviction, the petitioner was dismissed from the service of the company vide order dated 06.07.1999 issued by the Chairman-Cum-Managing Director and Disciplinary Authority, Coal India Limited. The judgment of conviction was upheld by the appellate court in Criminal Appeal No. 7 of 1999 and thereafter, the petitioner filed Criminal Revision No. 545 of 2006 before this Court. The criminal revision was allowed vide order dated 16.04.2009 and the petitioner has been acquitted.

7. Thereafter, the petitioner had filed the aforesaid writ petition being W.P. (S) No. 3180 of 2009 before this Court for his reinstatement in service and release of entire arrears of difference of salary as well as consequential benefits and promotion and the matter was remitted back to the appointing authority for examining the representation of the petitioner. The appointing authority i.e. the respondent no. 1 vide impugned order dated 30.10.2009 considered the representations of the petitioner and found that the petitioner had already retired on superannuation with effect from 31.01.2009 i.e. before he was acquitted in criminal revision. The authority was of the view that reinstatement of service of the petitioner cannot be considered. Further, the authority held that until the date of his retirement on 31.01.2009, the petitioner was a convict by virtue of the order passed by a competent court and therefore, the petitioner is not entitled to get any back wages during the period from 21.07.1999 to 31.01.2009 as he did not work during the said period. The authority also held that the petitioner cannot claim consequential benefit like promotion etc. since he was not in service nor he could be promoted as because on the date of reaching his superannuation, he was a convict.

8. The learned counsel for the petitioner, while assailing the aforesaid order dated 30.10.2009, has submitted that one of the similarly placed co-convict with the petitioner, namely Binod Kumar Singh, was acquitted by the appellate court and was also dismissed on account of his involvement in the criminal case and he was acquitted by the appellate cou