RAM KUMAR HIMANSHU Vs. STATE OF BIHAR

JUDGEMENT

(1.) ALL the above mentioned appeals, presently, after admission are pending for hearing. During midst thereof, I.A. bearing No. 773/2014 has been filed on behalf of appellant, Dr. Ram Kumar Himanshu for suspending the conviction in the background of Annexure -1/3 as well as Annexure -4 by which he has been terminated from service as conviction has been recorded under P.C. Act by the Special Judge, Vigilance 1st, Patna in connection with Special Case No. 40/1992.

(2.) HEARD learned counsel for the appellants as well as learned APP for the State.

(3.) NOW , controversy remains finally resolved by the Hon'ble Apex Court in the case of State of Maharashtra v. Balakrishna Dattatrya Kumbhar, 2012 12 SCC 384 wherein taking into account all previous pronouncements has held that whenever there happens to be conviction of the public servant under P.C. Act, there should not be suspension of conviction on the plea of termination of service. For better appreciation the relevant paragraphs are quoted herein below: -