STATE OF U P Vs. SADA NAND MISRA

JUDGEMENT

(1.) THE State of Uttar Pradesh has directed this writ petition against the judgment and order dated 1-11-1983 passed by the U. P. Public Services Irrbanal I, Lucknow.

(2.) SADA Nand Misra, opposite party No. 1 was posted in an office at Pratap-garh under the Directorate of National Cadet Corps at Lucknow. It appears that he was prosecuted for offences punishable under Sections 323 and 325 of the Indian Penal Code. The Judicial Magistrate, Pratapgarh, convicted opposite party no. 1 by his judgment and order dated 29-6-1979. The conviction was recorded both under Section 323 as well as under Section 325 of the Indian Penal Code. Against this order opposite party no. 1 preferred criminal appeal which came up to be disposed of by the learned Sessions Judge, Pratapgarh, by his judgment and order dated 15-10-1979. It appears that the opposite party did not succeed in the appeal. Thereafter, he along with co-accused Maha Nand filed Criminal Revision No. 397 of 1979 in this Court. This Court by Judgment and Order dated 30-7-1981 maintained the conviction under Section 323 but set aside the conviction recorded under Section 32S of the Indian Penal Code. The sentence awarded in respect of the offence punishable under Section 323 of the Indian Penal Code was also reduced. The amount of fine too was reduced. The ultimate result, therefore, is that opposite party no. 1 was convicted only for the offence punishable under Section 323/34 of the Indian Penal Code for which he spent 17 days in jail and had to pay a fine of Rs. 150/-. After opposite patty ho. 1's appeal had been disposed of by the learned Sessions Judge but before his revision was decided by this court, his appointing authority passed an order on 19-4-l980 removing him from service. This order reads as follows :-