SHYAM KISHORE SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Learned counsel for the petitioner and the State are permitted to correct the averments made in paragraphs-5, 15 of the writ petition and the counter affidavit respectively.

(2.) Heard learned counsel for the petitioner and the State.

(3.) At the relevant time petitioner served as Clerk in the office of Weavers Co-operative Society, Gulzarbagh, Patna. He has filed this writ petition questioning the validity of the order bearing Memo No.1125 dated 16.7.2005 Annexure-1 whereunder he has been dismissed from service on the ground of his conviction for the offence under Section 326 of the Penal Code in connection with Kako P.S. Case No. 64 dated 19.7.1981 instituted for the offences under Sections 147, 148, 307, 323 of the Penal Code and Section 27 of the Arms Act. Trial court convicted the petitioner for the offence under Section 307/149 I.P.C. and sentenced him to undergo R.I. for 6 years which was also maintained by the appellate court. This Court under orders dated 12.11.1999 passed in Cr. Revision No. 347 of 1995 Annexure-4, however, altered the conviction of the petitioner from 307 I.P.C. to one under Section 326 I.P.C. and sentenced him to undergo R.I. for one year after observing as follows: