KISHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) THE present Original Applicant is preferred under Section 19 of the A.T. Act with the following reliefs: -

(2.) LEARNED Counsel appearing on behalf of the respondents filed the reply and through reply, only it is pointed out by the respondents that dismissal order was passed by the Disciplinary Authority as the applicant was convicted to life imprisonment in a criminal case and the appeal submitted by the applicant was also considered by the Appellate Authority and rightly rejected vide order dated 22.10.2003. Apart from this, the respondents have also taken a ground that the applicant was convicted and the Hon'ble High Court has not set aside the order and appeal is pending before the Hon'ble High Court. Not only this, it is also argued that since the sentence of life imprisonment is imposed upon the applicant, as such he has no right to continue in service.

(3.) THE learned Counsel for the respondents have filed Supple. C.A. and though new facts were brought in the Supple. C.A., mostly reiterated the contents of the C.A. Learned Counsel for the respondents has also pointed out that the applicant cannot claim the parity with another person who was given a lesser punishment. This issue can only be decided by the Competent Authority.