STATE OF U P Vs. SADA NAND MISHRA

JUDGEMENT

(1.) By means of writ petition bearing No. 4985 (S/S) of 1994, respondent Sada Nand Mishra has assailed the order of his removal from service on the ground that although he was convicted for commission of an offence under Section 302, I.P.C. but in appeal, the order of conviction was stayed, hence, he should be allowed to continue in service. Hon'ble single Judge allowed the writ petition and quashed the order dated 31.10.1985 removing the respondent from service and the orders dated 20.9.1988 and 18.6.1994 communicated to the respondent vide letter dated 28.6.1994 passed in the departmental appeal were quashed. The Hon'ble single Judge also expressed the view that respondent shall be entitled to the consequential benefit of service. However, it will be open to the competent authority to pass fresh appropriate orders in accordance with law.

(2.) While allowing the said writ petition, the Hon'ble single Judge opined that it was necessary to provide in the impugned order that due to the conduct of the petitioner which had led to his conviction, his further retention in the public service was undesirable. In the absence of such indication and due to merely mentioning the reason of his conviction, for passing the impugned order of removal, such an order of removal is bad in law. The order of removal from service cannot be sustained particularly when the order of conviction and punishment appealed against was stayed by this Court in exercise of powers conferred under Section 389. Cr. P.C. as well as 482, Cr. P.C. The conviction order could not have been considered at all till the existence of the aforesaid stay order and hence the order passed In appeal is also illegal.

(3.) Against the order dated 23.9.1999 passed by the Hon'ble Single Judge, the State Government has preferred the present special appeal.