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2021 Supreme(Jhk) 843

S.N.PATHAK
Ashok Kumar Nonia – Appellant
Versus
Bharat Coking Coal Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Ratnesh Kumar.
For the Respondent: Mr. Anoop Kumar Mehta.

JUDGMENT :

S.N. PATHAK, J.

1. Heard the parties.

2. In the instant case, prayer has been made for quashing the order dated 07.04.2020, whereby the petitioner’s prayer for reinstatement with all consequential benefits on the ground of his acquittal in the criminal case being R.C. Case No. 10(A)/2014(D) has been rejected by the respondents by stating that the criminal case registered by the CBI and the departmental enquiry conducted by the respondent-BCCL is entirely different and the judgment of the criminal case is not binding on the domestic enquiry.

Factual Matrix:

3. The facts of the case lies in a narrow compass. Petitioner was a Bill Clerk in Moonidih Coal Washery of M/s. Bharat Coking Coal Ltd. (for short “M/s. BCCL”). While he was discharging his duties, a written complaint was made to the CBI, Dhanbad on 08.09.2014 by one Niranjan Mahto, a fitter in Moonidih Coal Washery of M/s. BCCL alleging that the petitioner has made a demand of illegal gratification of Rs. 500/- for preparing his arrear bill of Rs. 25,000/-. Based on the above complaint, the CBI Dhanbad lodged an FIR be

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