SHIV BABU SHUKLA Vs. STATE OF M P

JUDGEMENT

(1.) IN this appeal preferred under Section 2 (1) of the Madhya Pradesh uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 the defensibility and justifiability of the order dated 3-12-2007 passed by the learned single Judge in W. P. No. 16086/07 (S) = 2008 (1) M. P. H. T. 418, is called in question.

(2.) THE facts which are essential to be enumerated for the purpose of this appeal are that the appellant-petitioner (hereinafter referred to as, 'the appellant'), a Head Constable of Police, was convicted for offences punishable under Sections 498-A and 304-B read with Section 34 of the Indian Penal Code and under Section 3/4 of the Dowry Prohibition Act, 1961 and sentenced to suffer rigorous imprisonment for a period of 10 years and to pay a fine of rs. 500/ -. Being aggrieved by the judgment of conviction and order of sentence he preferred Criminal Appeal No. 528/07 wherein this Court by order dated 25-4-2007 had directed suspension of sentence and grant of bail.

(3.) DURING the pendency of the appeal the Disciplinary Authority by order dated 3-2-2007 taking note of the factum of conviction in respect of the aforesaid offences passed an order of removal from service. On being moved in an appeal the Appellate Authority by order dated 29-10-2007 affirmed the order of removal.