RAMBADAN R SHUKLA Vs. DISTRICT SUPERITENDENT OF POLICE

JUDGEMENT

(1.) Both the petitioners were armed constables who are convicted by the learned Sessions Judge, Mehsana by his judgment and order dated 14th March, 1991 for the offence committed under Secs. 302, 307 and 114 of the Indian Penal Code. Both the petitioners have been sentenced, inter-alia, to suffer Rigorous Imprisonment for five years. Feeling aggrieved by their conviction, the petitioners have preferred Criminal Appeal No. 157 of 1991 before this Court. Said appeal is admitted by this Court and the petitioners have been released on bail.

(2.) While the petitioners were serving as armed police constables on 27th June, 1989, they opened firing which resulted into death of member of public. It is for commission of this offence, the petitioners have been convicted as aforesaid. Pursuant to the said conviction, the petitioners have been dismissed from service under orders dated 6th February, 1993, made by the District Superintendent of Police, Mehsana.

(3.) The petitioners have preferred this petition against the above referred orders of dismissal from service made on 6th February, 1993. Learned Advocate Mr. Shastri has appeared for the petitioners and has contended that :- In view of the appeal, against conviction of the petitioners having been admitted by this Court and the petitioners having been released on bail, order of conviction cannot be said to have attained finality and, therefore, no order of dismissal could have been made against the petitioners. The question that arises for the Court's consideration is whether pending appeal against conviction, disciplinary action can be taken against the convicted Government servant or not. The matter is no more res integra. The Full Bench of this Court was posed with the very issue in the matter of P. D. Waghela and Ors. v. G. C. Raiger, Dy. I.G.P. and Ors., 1994(1) GLR 240 (FB). The Court considering the rival contentions has, in paragraph 21 of the judgment, held thus :