Supreme Court of India

Bijoy Mukherjee vs Hotel Corporation Of India Ltd. … on 23 February, 1995

Supreme Court of India
Bijoy Mukherjee vs Hotel Corporation Of India Ltd. … on 23 February, 1995
Equivalent citations: (1996) IILLJ 752 SC, 1995 Supp (3) SCC 720
Author: K Singh
Bench: K Singh, S Majmudar


ORDER

Kuldip Singh, J.

1. The appellant was working as Manager of Centaur Hotel, Bombay. A woman by the name of Geeta Singh was found dead due to burn injuries between the night of February 3, 1982 and February 4, 1982. The appellant was charged with murder of the said lady and was tried under Section 302 of the Indian Penal Code. The allegations against him were that he brought deceased Geeta Singh to his flat about two months before the occurrence and kept her with him. There was some quarrel between them on the fateful night where after it was alleged that the appellant poured kerosene on the body and clothes of Geetha Singh and set her on fire. She went running to the floor below and sought help of Mr. Chawla, who was occupying a flat on that floor. Mr. Chawla, found burn injuries on her body. Geeta told Chawla that the accused had sprinkled kerosene on her body and burnt her. It is no doubt correct that the accused was acquitted in the trial by the Court of Sessions as the dying declarations made by the deceased were not believed by the Court.

2. During the pendency of the trial, the services of the appellant were terminated by the respondent. He challenged the order of termination before the High Court and a learned Single Judge dismissed the writ petition in limine. The writ appeal was also dismissed.

3. It is no doubt correct that the appellant has been acquitted in the murder charge and ordinarily he should be reinstated in service unless some departmental proceedings are initiated against him, but keeping in view the facts and circumstances of this case and also that the respondent Corporation is in hotel business, we are not inclined to interfere in our jurisdiction under Article 136 of the Constitution of India. The appeal is dismissed. No costs.