SHER SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner was appointed on the post of Lower Division Clerk in the Commercial Taxes Department on 20th Oct., 1975. However, due to revengeful action on the part of the opposite party, a criminal case was under Sections 307, 326/34 and 324/34 Penal Code was registered against him and other family members and he faced trial in the court of Additional Sessions Judge (Fast Track) Bandikui. The learned trial judge vide judgment dated 30th Sept., 2003 convicted the petitioner under Sections 307, 326/34 and 324/34 Penal Code and sentenced him to undergo simple imprisonment for eight years.

(2.) Against the said judgment of conviction and sentence, the petitioner has preferred a Criminal Appeal under Sec. 374 Crimial P.C. before this Court which has been registered as S.B. Criminal Appeal No. 1450/2003. Initially, this sentence of the petitioner was suspended by this Court vide order dated 29.4.2004 but thereafter to petitioner filed further Misc. Application (S.B. Criminal Misc. Application No. 776/2004) and after learned counsel for the petitioner, learned PP and also the counsel for he complainant, conviction was stayed by the Court vide order dated 24.11.2005. However, before passing the order of stay of conviction by this Court, the respondents vide order dated 14.1.2004 terminated the services of the petitioner with immediate effect under Rule 19 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (hereinafter referred to as 'the CC&A Rules') on the ground of his conviction in a criminal case.

(3.) Learned counsel for the petitioner submits that no disciplinary enquiry was initiated against the petitioner and sole basis for imposing the penalty of termination upon the petitioner was the judgment of conviction which has been stayed. Thus, the very foundation inflicting penalty no more exist and as such the order impugned is liable to be set aside. In support of his submissions, learned counsel for the petitioner places reliance on the order dated 16.2.2010 passed by this Court in the case of Sunder Lal Bairwa Vs. State of Rajasthan & Anr., S.B. Civil Writ petition No. 13261/2008 wherein in similar circumstances, this Court has allowed the writ petition, quashed and set aside the order of penalty and directed the respondents therein to reinstate the petitioner in service.