JARNAIL SINGH Vs. STATE OF PUNJAB AND ANR.

JUDGEMENT

(1.) THIS order will dispose of three Civil Writ Petition Nos. 3632 Jarnail Singh v. State of Punjab and Anr. 3888 of 1979 Bakhtawar Singh v. State of Punjab and Ors. and 1540 of 1980 (Mohinder Kumar and Ors. v. Superintending Engineer Ambala Circle) which involve a common point.

(2.) IN Civil Writ Petition No. 3632 of 1979 Jarnail Singh Petitioner, who was a Patwari, was convicted by the Special Judge, Ludhiana, on March 26, 1979, under Section 5(2) of the Prevention of Corruption Act and Section 161, Indian Penal Code, and was sentenced to 1 £ years' rigorous imprisonment and a fine of Rs. 1,000, In default of payment further rigorous imprisonment for two' months. The Petitioner filed an appeal against the order of the Special Judge which is still pending. The Collector, Ludhiana, - -vide order, dated September 22, 1979, dismissed the Petitioner on the ground that his conduct which led to his conviction rendered him unfit for retention in service. The Collector did not conduct any enquiry and availed of the provisions contained in proviso (a) to Clause (2) of Article 311 of the Constitution. The Petitioner has filed the present writ alleging that in view of the fact that he had preferred an appeal against the order of the Special Judge, dated March 26, 1979, convicting and sentencing him, as stated above, which is still pending, the disciplinary authority could not dismiss him from service by availing of the provisions contained in proviso (a) to Clause (2) of Article 311 of the Constitution. He has, therefore, prayed that the order of his dismissal be set aside.

(3.) THE sole point for consideration in all the three writ petitions is: whether the disciplinary authority can avail of the provisions contained in proviso (a) to Clause (2) of Article 311 of the Constitution during the pendency of an appeal by the delinquent servant against his conviction on a criminal charge.