RAM MAHESH YADAV Vs. STATE

JUDGEMENT

(1.) The present is the second application of the applicant-appellant under Section 389 Cr.P.C. for suspension of order of conviction pending the hearing and final disposal of the appeal. The present appeal is directed against the order of conviction dated 24.07.2012 and was admitted by this Court for final hearing vide order dated 22.08.2012. The sentence imposed upon applicant-appellant by way of the impugned order was also suspended by this Court by way of the said order dated 22.08.2012. Thereafter, the applicant-appellant filed an application being Criminal M.A. No. 19687/2012, praying for an order/direction that the order of conviction be suspended, on the ground that the department was proceeding with a departmental enquiry against the applicant-appellant founded on the said conviction. The said application came to be dismissed by this Court by way of an order dated 17.01.2013. Aggrieved by the said order dated 17.01.2013, the applicant-appellant preferred a Special Leave Petition before the Hon'ble Supreme Court of India. That petition came to be disposed of by the Hon'ble Supreme Court of India by way of an order dated 04.03.2013, observing as follows:-

(2.) Thereafter the applicant-appellant has preferred the present application.

(3.) Mr. Sunil Mittal, learned counsel appearing on behalf of the applicant-appellant has invited my attention to an order dated 21.06.2013 whereby the department (DDA) has, based upon his conviction, imposed the penalty of removal from service upon the applicant-appellant. The applicant-appellant impugns the said order of the department dated 21.06.2013, on the ground that it erroneously proceeds on the footing that the conviction of the applicant-appellant is confirmed, by ignoring the circumstance that the appeal against the order of conviction has been admitted for hearing and has not yet been confirmed by this Court.