RAM DAYAL MISHRA Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner's case is that petitioner was working as a 'Constable' in the Border Security Force. He was convicted in a criminal case and, therefore, vide order dtd. 30/12/2004, Annexure P-14 bearing no. 25945-48, he was visited with penalty and he was dismissed from service vide order dtd. 27/08/1989.

(2.) He was convicted by the Sessions Court, Rewa for offences under Ss. 306 and 498-A of I.P.C. and was awarded seven years R.I. under Sec. 306 of I.P.C. and two years R.I. under Sec. 498-A of I.P.C. On the basis of said conviction, he was dismissed from service.

(3.) Now petitioner's contention is that he was granted pardon by His Excellency Governor of Madhya Pradesh vide order dtd. 6/06/2003 contained in Annexure P-7, passed by the State of Madhya Pradesh, Law and Legislative Affairs Department, wherein it is mentioned that His Excellency Governor of Madhya Pradesh, vide order dtd. 4/05/2003, exercising his powers under Article 161 of the Constitution of India has granted pardon to accused convict Ram Dayal S/o Shiv Nath Mishra. On the strength of the aforesaid pardon, petitioner moved several applications for reinstatement in service but vide order dtd. 30/12/2004 Annexure P-14, his request was finally turned down. Hence, this petition.