RAM KISHAN Vs. STATE OF U.P

JUDGEMENT

(1.) Heard Sri A.K. Ojha, learned counsel for the petitioner and Sri Anil Kumar Pandey, learned standing counsel for the State-respondents.

(2.) This writ petition has been filed praying to quash the order of removal from service dated 17.12.2008 passed by the respondent No.2. The petitioner has also prayed for a writ, order or direction in the nature of mandamus directing the respondents to continue the petitioner in service and pay regular salary month by month.

(3.) Briefly stated facts of the present case are that the petitioner was a constable in Civil Police. By judgment and order dated 05.05.2008, the petitioner was convicted under Sections 302/34 I.P.C. with life imprisonment and a fine of Rs.10,000/- in S.T. No.178 of 2005 arising from Case Crime No.649 of 2005 passed by the Additional Session Judge, Court No.3, Jhansi. By the impugned order dated 17.12.2008, the petitioner was removed from service on the ground that he has been convicted in the aforesaid Session Trial. Against the aforesaid judgment and order dated 05.05.2008, the petitioner filed a Criminal Appeal No.3060 of 2008 (Ram Kishan vs. State of U.P.) in which an order dated 17.10.2008 was passed by a Division Bench of this Court releasing the petitioner on bail during pendency of the appeal and realisation of fine was stayed. Subsequently, by order dated 20.07.2009, the execution of the sentence during pendency of the appeal was also stayed by the Dvision Bench. Under these facts, the petitioner has filed the present writ petition challenging the impugned order of removal from service dated 17.12.2008 passed by the Senior Superintendent of Police, Jhansi.