ADAM RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) The instant petition has been filed for following substantive reliefs:

(2.) The petitioner was working as Clerk in the Department of Public Works since his appointment on 6/4/2004. During the intervening night of 10/4/2007 and 11/4/2007, the petitioner inflicted blow on the abdomen of Gopal Dass with a broken glass beer bottle, which caused the death of Shri Gopal Dass. The petitioner was prosecuted for offence under Sec. 302 of Indian Penal Code. Learned Additional Sessions Judge, Kinnaur at Rampur, Himachal Pradesh convicted the petitioner for offence under Sec. 304 Part II vide judgment dtd. 29/7/2011 in Sessions Trial No.4-AR/7 of 2008/2011 and was sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs.20,000.00 and further in default to undergo simple imprisonment for one year. The appeal preferred by the petitioner before this Court under Sec. 374 of the Code of Civil Procedure also was dismissed by this Court vide judgment dtd. 26/6/2012 in Criminal Appeal No.277 of 2011. Conviction of petitioner under Sec. 304 Part II IPC was maintained. The sentence, however, was reduced to three years rigorous imprisonment instead of five years rigorous imprisonment.

(3.) On 30/3/2012, a memorandum was served upon the petitioner by the 2nd respondent, whereby the petitioner was afforded an opportunity to represent against the proposal to impose major penalty of removal from service. The petitioner submitted his reply stating, inter alia, that he had filed the appeal against the judgment passed by learned Additional Sessions Judge, Kinnaur at Rampur and till its final disposal, no adverse or punitive action should be taken against him. The competent authority i.e. the 2nd respondent vide order dtd. 11/5/2012 imposed the penalty of removal from service against the petitioner by exercising powers under Rule 19(1) of the CCS(CCA) Rules, 1965.