SHIV BABU Vs. STATE OF M P

JUDGEMENT

(1.) HEARD Shri Sanjay Patel, learned Counsel for the petitioner on the question of admission and interim relief.

(2.) THE petitioner has filed this petition being aggrieved by orders dated 3-2-2007 and 29-10-2007 passed by the Competent Authority and the appellate Authority respectively removing the petitioner from service on account of his conviction for offences under Sections 498-A and 304-B read with section 34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition act for a period of ten years Rigorous Imprisonment with fine of Rs. 500/ -.

(3.) IT is contended by the learned Counsel for the petitioner that in view of Regulation 238, the impugned order of removal of the petitioner dated 3-2-2007 could not have been passed as the appeal filed by the petitioner against his conviction is pending before this Court and vide order dated 25-4-2007 the appellant has been granted bail. It is also submitted that the petitioner could only have been removed from service by holding a full fledged departmental inquiry and in the absence of the same, the impugned order of removal deserves to be quashed.