JUDGMENT :

1. The matter has been heard through video conferencing with the consent of the learned counsel for the parties. They have no complaint about any audio and visual quality.

2. The instant intra-court appeal preferred under Clause-10 of Letters Patent is directed against the order/judgment dated 02.11.2021 passed by the learned Single Judge of this Court in W.P.(S) No.1534 of 2020, whereby and whereunder, the writ petition has been dismissed by declining to interfere with the order dated 07.04.2020, by which, prayer for reinstatement of the writ petitioner in service 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.

3. The brief facts of the case, as per the pleading made in the writ petition, required to be enumerated, are as hereunder:-

It is the case of the writ petitioner that while he was working as Bill Clerk in Moonidih Coal Washery of M/s. Bharat Coking Coal Ltd. (in short “M/s. BCCL”), 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 writ petitioner has made a demand of gratification of Rs.500/- for preparing his arrear bill of Rs.25,000/-. The CBI, Dhanbad, based upon the above complaint, lodged an FIR being R.C. Case No.10(A)/2014(D) on 08.09.2014 for commission of offence under Section 7 of the Prevention of Corruption Act, 1988. The CBI, Dhanbad has constituted a trap team, in which, the writ petitioner was trapped and arrested on 09.09.2014. The investigation was carried out and on its conclusion, charge-sheet was submitted on 07.11.2014 for commission of offence under Sections 7/13(2) read with Section 13(1)(d) of the P.C. Act, 1988 and accordingly, trial was commenced against the writ petitioner. The respondent BCCL has also instituted a departmental proceeding by issuing a memorandum of charge on 22.04.2015 leveling therein the allegation, which according to the writ petitioner, exactly the same to the charges contained in the chargesheet of pending criminal case. The departmental proceeding culminated and in consequence upon the same, an order was passed on 20.04.2017, by which, the respondent BCCL imposed a penalty of dismissal of the writ petitioner from service.

Further, the case of the writ petitioner is that after passing of the order of dismissal in the departmental proceeding, the criminal trial against the writ petitioner was concluded, in which, the writ petitioner was acquitted from the charges vide judgment dated 29.02.2020, passed by the Special Judge, CBI, Dhanbad. The writ petitioner in consequence upon acquittal in the criminal case, has made representation before the respondent BCCL for reinstatement in service with all consequential benefits but the same was rejected on 07.04.2020 on the ground that the criminal case registered by the CBI and the departmental enquiry conducted by the respondent BCCL are entirely different and the judgment of the criminal case is not binding on the domestic enquiry.

The writ petitioner, being aggrieved with the said order, has filed a writ petition for quashing of the order dated 07.04.2020 being W.P.(S) No.1534 of 2020, wherein, the prayer has been made for his reinstatement with all consequential benefits on the ground of his acquittal in criminal case, has been rejected.

The writ petitioner has taken the ground before the learned writ Court that he has been dismissed from service pursuant to the departmental proceeding on the alleged charge of illegal gratification of Rs.500/-. Further, the ground has been taken that on the same set of allegation, a criminal case was also instituted prior to initiation of departmental proceeding, wherein, the writ petitioner has been honourably acquitted and as such, deserves to be reinstated in service with all consequential benefits.

The respondent BCCL had appeared and taken the ground that oral evidence in the departmental proceedi