PUKH RAJ Vs. UNION OF INDIA

JUDGEMENT

(1.) PETITIONER Pukhraj has filed this writ petition Under Articles 226 and 227 of the Constitution, seeking to quash the order Ex. 1 dated September 28, 1977, by which he was dismissed from service and also for all consequential benefits as if no such order has ever been passed.

(2.) THE petitioner was a clerk in the time office Northern Railway Work Shop, Jodhpur. While he was working on this post, a criminal case was registered against him. The offence which he was charged was Under Section 302, IPC. After trial, learned Additional Sessions Judge No. 2, Jodhpur convicted him Under Section 302, IPC and sentenced to imprisonment for life and a fine of Rs. 2,000/ -, and in default of payment of fine to suffer further rigorous imprisonment for one year, vide judgment dated April 16, 1978 passed in Sessions case No. 83/1974 As the petitioner was convicted, he was dismissed from service by order Ex. 1 dated September 26, 1977 passed by the Deputy Chief Mechanical Engineer (W) Northern Railway, Jodhpur (non -petitioner No 3). The petitioner filed D.B. Criminal Appeal No. 324 of 19/3: (Pukhraj v. State of Rajasthan in this Court. The appeal was admitted on May 6, 1973 and it will be heard in due course. Application for suspension of sentence was moved by him and the sentence was ordered to be suspended by order Ex. 3 dated September 28, 1976. The petitioner also filed a Departmental Appeal against the order of dismissal, That appeal has not been disposed of so far. The petitioner has challenged the order Ex. 1 dated September 28, 1977 on the ground that he should not have been dismissed when the appeal against the conviction and sentence is pending in this Court and the convietion has not become final.

(3.) MR . M.L. Kala, learned Counsel for the petitioner, has relied on Gulraj Khatri v. State S.B. Civil Writ Petition No. 1127/76, decided on July 7, 1976; Gopal Singh v. State SB. Civil Writ Petition No. 81/1976, decided on December 4, 1978: State of Rajasthan v. Gopal Singh S.B. Civil Special Appeal No. 10/1979, decided on April 2, 1979; Purshottam v. Union of lndia 1980 RLW 376; Kesar Kumar v. R.S.E.B. S.B. Civil Writ Petition No 368/1960, decided on November 27, 1981 and Jaskaran Singh v. Union of India S B Civil Writ Petition No. 1256/1979, decided on December 2, 1981.