SUMAN KUMAR Vs. STATE OF HP

JUDGEMENT

(1.) The facts of this case in brief as pleaded are that the applicant joined the department as Junior Engineer on 30.11.1997 and was working as such when FIR N.1/89 dated 3.3.1989 under Section 409 IPC and 13(2) of the Prevention of Corruption Act was registered against the applicant and the applicant was sentenced to undergo one year imprisonment and a fine of Rs. 2000/ - was also imposed by the learned session Judge, Kinnaur vide his order dated 30.6.2001. The applicant challenged this judgment in the Honble High Court by filing criminal appeal No. 387/2001 (Annexure -A5) and the sentence imposed by the District and Session Judge was suspended by the Honble high Court by its orders dated 27.7.2001 (Annexure -A6). As a result, the sentence awarded to the applicant stands suspended. The applicant was thereafter suspended on 19.9.2001 vide order contained in Annexure -A9. The applicant made a representation against this order but to no avail, thereafter, the applicant was dismissed from service by an order passed by the Superintending engineer on 11.3.2002 as per copy placed as Annexure -AII, brought on record through Misc. application No. 96/2002. Prior to this order, respondent No.1 had issued directions to respondent No.2 vide Annexure -A1 and Annexure -A2 dated 14.2.2002 and 5.3.2002 to the effect that it had been decided that the applicant be dismissed from service in a time bound manner within a month under Rule 19 of CCS & CCA Rules, 1965 (Annexure -A1) and again to the effect that respondent No.2 should " ensure that order of dismissal from service is issued and compliance reported by 7.3.2002 at 5.00 P.M." (Annexure -A2). In this background the present original application has been filed with the following prayer: To quash the impugned orders Annexure -A1 and Annexure -A2 issued arbitrarily and illegal.

(2.) To direct the respondent No.3 not to act upon the Annexures -A1 and A

(2.) 2. During the pendency of this original application order contained in Annexure -A -II had been passed dismissing the applicant from service under Rule 19(1) (2) of the CCS CCA Rules, 1965 which was placed on record by Misc. application No. 5I9672002 with prayer that Annexure -AII may also be quashed.