ARUN KUMAR SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) PETITIONER is a former employee of the State of Bihar. He was holding the post of Personal Assistant when a police case came to be instituted against him and his family members. The case in question was Janipur (Phuwari sharif) P.S. Case No.387 of 1993 which was registered under sections 307, 428A and 34 of the Indian Penal Code and section 27 of the Arms Act read with sections 3 and 4 of the Dowry Prohibition Act. He was taken into custody put under suspension. Later on the suspension was revoked but he had to suffer punishment of removal from service after his conviction since he was sentenced to undergo rigorous imprisonment for seven years. The order of removal is annexure -1 to the writ application and has been challenged in the present writ application.

(3.) SUBMISSION of learned Senior counsel based on the order of acquittal is that the stigma cast by the order of conviction vanishes. His innocence has been established in appeal. He has right to go back to the post since the order of removal was based on the order of conviction.