B.T. ERAMMA, D/O. TIMMAPPA, W/O LATE NANJUDAPPA, CHIKMAGALUR Vs. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BANGALORE -1, THE DIRECTOR, DEPARTMENT OF WOMEN

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner and the learned Government Pleader.

(2.) THE petitioner was appointed as an Anganawadi worker, on honourary basis, It transpires that when she was discharging duties as such, there was a criminal case registered against her and other family members alleging an offence punishable under Section 498 -A read with Section 34 of the Indian Penal Code. The criminal proceedings having culminated in a judgment of the Sessions Court, the petitioner and three others were convicted. Though the petitioner had filed a criminal appeal and the sentence was suspended, the matter is pending consideration in appeal. In the meanwhile, however, having regard to the tenor of Rule 14(1) of the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957, (hereinafter referred to as the 'Rules' for brevity), the petitioner was removed from service. It is that which is under challenge in the present petition.

(3.) APPLYING that principle, the action of the State in the present case cannot be said to be bad in law. However, the removal of the petitioner shall be subject to the result of the pending criminal appeal filed by the petitioner and others. In the event that she should be acquitted in the said criminal proceedings, the State Government shall be obliged to reinstate the petitioner. With that observation, the petition stands disposed of.