T. RAMESH Vs. THE STATE

JUDGEMENT

(1.) IN this petition filed under Section 389, Cr.P.C., the appellant/A1 seeks stay of conviction passed by the II Additional Special Judge for CBI cases, Visakhapatnam in his judgment dated 30 -4 -2013 in C.C. No. 6 of 2007 convicting him and A2 for the offences under Sections 120B, 384, IPC and Sections 7 and 13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988 (for short "PC Act"). A1 is the Assistant Labour Commissioner (Central), Hyderabad and appellant/A2 is the Labour Enforcement Officer (Central), Rajahmundry.

(2.) WHILE so, the petitioner in the instant petition seeks stay of conviction on the following submissions.

(3.) THE submission of learned counsel for petitioner is that the recommendation dated 10 -1 -2014 made by UPSC to the Secretary, Government India, Ministry of Labour & Employment, New Delhi would show that except the sole ground that petitioner was convicted in the criminal case which is pending consideration in this appeal, there is no other tenable reason for recommendation to impose the harshest penalty of dismissal from service. He submitted that petitioner had blemishless service all through and he has fair chances of succeeding in the appeal and in the meanwhile if he is dismissed from the service, he and his family have to suffer a lot and it will cause irreversible loss and injury to him and therefore, suspension of conviction may be ordered.