JUDGMENT :

The petitioner has approached this Court with a prayer for a direction upon the respondents to provide him full backwages with benefit of continuity of service for the period of idleness for computation of final payment from date of dismissal i.e., 29.11.2004 from the service till 18.10.2014, the date of his reinstatement in the service.

2. As per the factual matrix, the case of the petitioner is that the petitioner while working under the respondent to the post of U.C. Loader, having U.M.No.689074 at Lakhimata Colliery, a criminal case being S.T. Case No.17/98 under Section 376 of the Indian Penal Code was instituted against him and was convicted in terms of the judgment dated 20.12.2000 passed by the 2nd Additional Sessions Judge, Dhanbad. Thereafter, he was dismissed from the service vide order dated 29.10.2004 by the respondents after holding a departmental enquiry on the charge that petitioner was convicted for a criminal offence involving moral turpitute by a Competent Criminal Court, which 2 constitutes act of misconduct on the part of the petitioner. However, the petitioner being aggrieved by the order of conviction dated, 20.12.2000, preferred an Appeal being Crim