RAM ABHILASH SHUKLA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE petitioner has filed this petition being aggrieved by the punishment of compulsory retirement imposed upon him by the impugned order dated 27-10-1999 and the order dated 16-3-2000 by which the appeal filed by him against the order of compulsory retirement has been dismissed.

(2.) THE brief facts leading to the filing of the present petition are that the petitioner, a forest guard, was suspended by order dated 3-6-1987 with effect from 4-5-1987 on account of his involvement in an incident which occurred on 24-9-1987 in which one Kedar was shot and killed by Kavi Kant with a 12-bore gun belonging to the petitioner. A criminal case was instituted against the petitioner and the said Kavi Kant and both of them were convicted by the Trial court for offences punishable under Section 302 read with Section 109 of the indian Penal Code. Additionally, the petitioner was also convicted under section 30 of the Arms Act. Subsequent to his conviction a notice was issued to the petitioner on 13-1-1992 and thereafter by order dated 5-2-1992 the petitioner was dismissed from service.

(3.) BEING aggrieved by the order of the Trial Court, the petitioner filed an appeal against the order of the Trial Court and by order dated 10-11-1994 passed by this Court in Criminal Appeal No. 1279/99 the conviction of the petitioner for offences under Sections 302 read with Section 109 of the Indian penal Code was set aside while his conviction under Section 30 of the Arms Act, not having been assailed by him, was affirmed. Thereafter, the petitioner filed applications before the respondent-Authorities on 28-11-1994 and 14-12-1994 requesting for being reinstated in view of the order passed by the High Court in his criminal appeal but the authorities rejected his request by communication dated 2-1-1995 and his appeal against the aforesaid rejection was also rejected by order dated 20-12-1996.