KHURSHEED KHAN Vs. STATE OF RAJASTHAN & ORS.

JUDGEMENT

(1.) BY this writ petition, a challenge is made to the order dated 08.03.2010 whereby petitioner has been dismissed from service on account of conviction in the case registered under Sections 13(1)(d) & 13(2) of Prevention of Corruption Act. Learned counsel submits that appeal has been preferred, thus till the decision of appeal against the order of conviction, the impugned order of dismissal should not have been passed, accordingly interference should be caused by the Court. A reference of judgment of Delhi High Court in the case of Commissioner of Police v. Shri Brij Pal Singh in Writ Petition (Civil) No. 1044/2008 has been given.

(2.) I have considered the submissions made by learned counsel and find that under Rule 19 of Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (for short "CCA Rule"), one can be terminated if convicted in criminal case. The rule aforesaid is quoted hereunder for ready reference:

(3.) IN view of discussion made above, no case is made out for causing interference in the impugned order. Accordingly, the writ petition so as the stay application are dismissed. It is, however, made clear that if appeal against the conviction order is allowed, this judgment will not come in the way of petitioner to make claim as a consequence thereof.