BHOLA NATH ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This application is directed against the orders dated November 16, 1994 and November 25, 1994 as contained in Annexure -B and C respectively whereby and whereunder the Petitioner has been dismissed from service with effect from August 31, 1990 purported to be under Rule 864 of the Bengal Police Regulation, Volume -I.

(2.) The Petitioner is a constable attached to the Siliguri General Railway Police. He was an accused in a case under Sec. 376 of the Indian Penal Code and in Sessions Trial No. 14 of 1989. He was convicted therein and was sentenced to undergo rigorous imprisonment for 3 years. The said judgment appears to have been passed on August 31, 1990. The Petitioner preferred an appeal against the said judgment of conviction and sentence before this Court which has been registered as Criminal Appeal No. 431 of 1990. The said Criminal Appeal has since been admitted and the Petitioner has been released on bail. During pendency of the aforementioned criminal case of the Petitioner he was charge sheeted on March 10, 1993. However the Superintendent of Police in view of the aforementioned order of conviction terminated his services stating:

(3.) By a further order dated November 25, 1994 the Superintendent of Police directed: