FAZAL AHMED Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS special appeal has been filed by the appellant-petitioner being aggrieved by the order passed by the learned Single Judge dated 01. 10. 2004 by which the writ petition filed by the appellant-petitioner was dismissed.

(2.) THE brief facts giving rise to this appeal are that appellant-petitioner was an employee of the respondent No. 2 Municipal Board, Dholpur and while working on the post of Sub- Nakedar, a criminal case was registered against him on 26. 05. 1980 for the offence under Section 147, 302 and 302/149 I. P. C. As a result of the aforesaid criminal case having being registered against the appellant petitioner, the appellant-petitioner was placed under suspension vide order dated 10. 06. 1980. At the conclusion of the trial, the Trial Court convicted and sentenced the appellant-petitioner. Against which the appellant-petitioner preferred an appeal before this Court against his conviction for the offence under Sections 302 and 302/149 I. P. C. As a result of the conviction on a criminal charge, respondent No. 2 vide its order dated 31. 01. 1982 dismissed the appellant-petitioner from his services. However, in view of the appeal having been filed against the order of conviction and sentence vide order dated 07. 06. 1983, the respondents in accordance with a decision of this Court rendered in Jamaluddin vs. State of Rajasthan (1), started paying the appellant subsistence allowance vide order dated 30. 07. 1983 which as per the respondents was to be paid only during the pendency of the appeal notwithstanding his removal after conviction by Trial Court. THE appeal against the conviction for the offence under Section 302 I. P. C. read with Section 149 I. P. C. came to be decided by this Court vide judgment dated 25. 09. 1985 whereby the conviction of the appellant- petitioner was altered from one under Section 302 I. P. C. to Section 304 Part II I. P. C. reducing his sentence from Life Imprisonment to six years imprisonment on account of which the appellant-petitioner was released on 03. 10. 1985.

(3.) WE have given our thoughtful consideration to the submission made at the Bar and perused the record.