T R SUBBARAMAN Vs. STATE

JUDGEMENT

(1.) THE point raised in these petitions is whether the dismissal of the petitioners by the authorities on a conviction recorded by the trial court while their appeals against their convictions are pending, is valid under law,

(2.) IN Cri. M. P. 3311 of 1968, the petitioner was convicted under Section 5 (1) (d) read with Section 5 (2) of the Prevention of Corruption Act and sentenced to undergo R. I. for one year, by the Special Judge, Salem, by his judgment dated 15-5-1968. Against the said conviction, the petitioner filed an appeal in this Court in C. A. 332 of 1968 which was admitted on 17-5-1968. After conviction while the appeal is still pending, the Collector of Salem by his proceedings dated 12-11-1968, dismissed the petitioner from service from the date on which he was placed under suspension, namely, with effect from 2011. 1966 (afternoon ).

(3.) IN Cri. M. P. 759 of 1969, the petitioner was convicted under Section 5 (2) read with Section 5 (1) (d) of the Prevention of Corruption Act by the Special Judge, Coimbatore and Nilgiris and sentenced to undergo R. I. for one year by his judgment dated 30-11-1968. The petitioner filed an appeal before this Court in C. A. 786 of 1968 which was admitted on 2-12-1968. While the appeal was pending, it appears that proceedings for disciplinary action was sought to be taken by the authorities against the petitioner in consequence of the conviction. The petitioner filed this application for stay of proceedings. Interim stay was granted on 3-4-1969.