RADHEY GOVIND SWARUP Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner was a Head Rakshak in the Railway Protection Force. He was prosecuted on a charge of murder and after his conviction under section 302 IPC by a Court of Session he was given notice to show cause why he should not be dismissed from service. After considering his explanation, the competent authority has passed an order of dismissal, annexure 5. This has been challenged in this writ petition on the ground that the petitioner's appeal against conviction has been admitted by this Court and is still pending and that the petitioner has been released on bail.

(2.) IT has been held by another Bench of this Court in Hari Mohan Shukla v. Basic Shiksha Parishad, W. P. No. 5742 of 1983 decided on 27-10-83 that mere admission and pendency of appeal against conviction does not have the effect of suspending the conviction and grant of bail merely suspends the sentence. Accordingly, under clause (a) of the proviso to Article 311 (2) of the Constitution the Government servant concerned can even during the pendency of an appeal be dismissed without a regular departmental inquiry. A similar view has been taken by the Punjab and Haryana High Court in Jarnail Singh v. State of Punjab, 1980.(3) SLR 173.

(3.) NO other point has been pressed.