RADHEY SHYAM Vs. STATE OF U P

JUDGEMENT

(1.) THIS is intra Court appeal under the Rules of the Court aris ing from the judgment of the Hon'ble Single Judge of this Court dated 10. 1. 2008 dismissing the petitioner-appellant's Civil Misc. Writ Petition No. 1301 of 2008.

(2.) IT appears that the appellant being aggrieved by the order of the Collector/district Magistrate, Etah dated 18/19. 12. 2007 whereby he was removed from the post of Pradhan in exercise of the power under Section 95 (1) (g) of the U. P. Panchayat Raj Act, 1947 (in short the Act) challenged ITs validITy in the aforesaid wrIT petITion. The Hon'ble Single Judge, having heard learned Counsel for the parties, found that the appellant having been convicted for the offence of dacoITy and attempt to murder in sessions' trial, is not entITled to hold public office of Pradhan of the village and hence did not find any good ground to interfere wITh the order of the Collector/district Magistrate impugned in the wrIT petITion.

(3.) WE are not impressed with the submission made before us for the reason that the suspension of sentence does not amount to washing out the conviction. It is admitted that the appeal has only been admitted and the appellant has been released on bail and the sentence has been suspended till the disposal of the appeal, which does not amount to setting aside the conviction.