MAMTA SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The challenge in the instant Writ Petition is to the order of termination dated 28/11/2016.

(2.) The contention of the counsel for the petitioner is that, the order of termination was without conducting the departmental enquiry and reason for termination was the conviction of the petitioner in a criminal case whereby the petitioner was sentenced to undergo R.I. for 7 years for the offence under Sec. 304 (2) of Penal Code and R.I. for 5 years for the offence under Sec. 314 of the IPC.

(3.) The ground raised for challenging the impugned order of termination is that, the criminal appeal against the judgment of conviction has already been entertained by the High Court and the sentence part already stood suspended and subsequently the High Court vide its order dated 06/02/2019 has also suspended the conviction part and therefore the reason for termination of service does not survive any further.