LAXMI ALIAS LAKSHMI SAHANI Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD learned counsel for the Petitioners and the Respondents.

(2.) PETITIONERS are aggrieved by the order dated 2.7.2005, passed by the Assistant Divisional Engineer, East Central Railway, Annexure -3, who resorting to the powers contained in Rule 17 of the Railway Servants (DAR) Rules 1968, has dismissed them as they have been convicted for the offences under Sections 147, 323, 325, 307 and 149 of the Indian Penal Code.

(3.) ON the other hand, Sri Bhupendra Narain Yadav, learned counsel for the Railway Administration, has opposed the prayer made in the writ petition has submitted with reference to the order dated 22.6.2005, passed in Cr. Appeal No. 329 of 2005, Annexure -2 that the petitioners have been admitted to the privilege of bail during the pendency of the appeal, but their conviction for the offences under Section 307 and other allied Sections of the Indian Penal Code has not been suspended and in the facts and circumstances of the case for all practical purposes can always be taken into account for dismissing them from service. In this connection he also relied on a judgment of the Hon'ble Supreme Court in the case of Rama Narang Vs. Ramesh Narang & Others, reported in 1995(2) SCC 513 where the Hon'ble Supreme Court, with reference to the provisions contained in Section 389 of the Criminal Procedure Code, has held that there is distinction between the suspension of the sentence and order of conviction. While granting bail to the petitioners, their sentence is suspended and not the order of conviction.