KARAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule. Petitioner was working with Army. On 24.8.1994 he was arrested for allegedly committing offence under section 376 of Indian Penal Code and handed over to civil police by the unit authorities where he was posted, for investigation and trial. Case undersections 376/323 of Indian Penal Code was registered against him and challan was filed before ADJ, Delhi. After the trial, petitioner was held guilty of the offence and by judgment and sentence order dated 19.11.1996, he was sentenced for 5 years rigorous imprisonment and also fined'Rs.10,000.00 . Petitioner filed appeal against the aforesaid conviction before this Court and the appeal was admitted and sentence was suspended by order dated 25.3.1997. Petitioner was released on bail.

(2.) Based on the conviction by the criminal Court, petitioner was dismissed from service by order dated 15.4.1997 under the provisions of para423 of Regulation for Army and section 20(3) of the Army Act read with Rule 17 of the Army Rules. Petitioner has filed this writ petition in which following reliefs are claimed :

(3.) Dismissal order is challenged on the ground that the appeal of the petitioner against order of conviction have not been heard and petitioner have not been released on bail after suspending the sentence, no order of dismissal should have been passed on the basis of such conviction. This argument has no force and the matter is squarely covered by the judgment of Supreme Court in the case of The Deputy Director of Collegiate Education (Administration), Madras Vs. S. Nagoor Meera reported in 1995 JT (3) SC 32. Following portion of the judgment nay usefully be referred to: "