JUDGMENT

Dr. B.R.SARANGI, J. - The petitioner, who was an employee of Koraput Panchabati Gramya Bank, has filed this application challenging the order dated 18.09.2007 in Annexure-6 passed by the Chairman, Utkal Gramya Bank, Bolangir rejecting his prayer to reinstate him in service.

2. The factual background of this case is that the petitioner was initially selected and appointed as a Clerk-cum-Cashier in Koraput Panchabati Gramya Bank, pursuant to which he joined on 13.04.1981. In 1988 he was involved in a criminal case, i.e. I.C.C. No. 9/1988, for offences under Section 494/109, IPC filed by his wife before the learned S.D.J.M., Nayagarh wherein by order dated 09.02.1988 he was convicted and sentenced to R.I. for two years and to pay a fine of Rs. 1,000/- in default to undergo imprisonment for six months. Against the said order the petitioner preferred Criminal Appeal No. 64/24 of 1989/88 wherein learned Additional Sessions Judge, Puri by order dated 22.09.1995 confirmed the order of conviction by the trial Court and as a consequence thereof he was dismissed from service on 31.07.1995. Against the said order, the petitioner preferred Criminal Revision bearing No. 520/1995 before this Court in which he was acquitted of ,the charges vide order dated 25.04.2001. After being acquitted of the charges, the petitioner moved the authority on 22.06.2002, 11.10.2002 and 07.11.2002 claiming his reinstatement in service, but the authority did not pass any order on his representation in that regard. Thereafter, the petitioner approached this Court by filing W.P.(C) No. 7372/2003 seeking direction to the Chairman of the Bank to reinstate him in service with all service and consequential benefits within a stipulated time. On consideration of his grievance, this Court by order dated 02.07.2007 disposed of the writ petition directing the Chairman to take a decision on the representation of the petitioner dated 11.10.2002 within a period of two months from the date of communication of the order.

3. In exercise of powers conferred under Section 23-A(1) of the Regional Rural Banks Act, 1976 the Department of Economic Affairs, Ministry of Finance, Government of India issued a notification on 31.07.2005 for amalgamation of Bolangir Anchalika Gramya Bank, Kalahandi Anchalika Gramya Bank and Koraput Panchabati Gramya Bank which were sponsored by the State Bank of India, into one rural bank namely, Utkal Gramya Bank, having its Head Office at Bolangir. Therefore, by the time the order dated 02.07.2007 was passed in W.P.(C) No. 7372/2003, the amalgamation of three Rural Banks had already taken place. Consequent upon that the petitioner brought the said fact to the notice of this Court with a prayer to direct the Chairman of Utkal Gramya Bank to consider his claim in conformity with the provisions of law.

In compliance with the said order, the Chairman passed the impugned order dated 18.09.2007 as per Annexure-6 with the following grounds:

(i) You have been dismissed from Bank's service in terms of Regulation 29(3)(a) of erstwhile K.P.G. Bank Staff Service Regulations, 1980.

(ii) Now you are claiming reinstatement in Bank's service in terms of Clause 29(4) of erstwhile K.P.G. Bank Staff Service Regulations.

(iii) In your case, you have not been honourably acquitted by the Hon'ble Court. As such the provisions of Clause 24(4) of erstwhile K.P.G. Bank Staff Service Regulations, 1980 is not applicable to you."

As the petitioner's claim for reinstatement in service was turned down, he has approached this Court by filing the present writ application assailing the impugned order dated 18.09.2007, Annexure-6.

4. On being noticed, opposite party entered appearance and filed his counter affidavit reiterating the fact that the petitioner was involved in a criminal case, i.e. an offence of bigamy, under Section 494 IPC for which he has been convicted by the learned SDJM, Nayagarh in I.C.C. No. 9/1988, vide order dated 09.02.1988 and the said order was also upheld by the