SHAMSHER KHAN Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) Heard and perused the material available on record.

(2.) By way of the instant writ petition, the petitioner has approached this Court assailing the legality and validity of the order Annex.4 dated 31.3.2015 whereby, the petitioner was dismissed from service on the ground of his conviction in a criminal case involving offences under Sections 7, 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988.

(3.) The petitioner was working on the post of Helper at Pump House in P.H.E.D. He was trapped red handed by the officials of Anti Corruption Bureau on 28.1.2008 while accepting a bribe of Rs.800/-. After investigation, a chargesheet was filed against the petitioner for the offences under Sections 7, 13(1)(d) read with 13(2) of the Prevention of Corruption Act. The Special Judge, ACD Court, Jodhpur tried the petitioner and vide judgment dated 7.1.2015, convicted and sentenced him for the aforesaid offences. The appeal preferred by the petitioner against the said judgment being S.B. Criminal Appeal No.105/2015 has been admitted by this Court and the sentences awarded to the petitioner were suspended by order dated 3.2.2015. The Chief Engineer of the respondent department passed the order Annex.4 dated 31.3.2015 whereby, the petitioner was dismissed from service considering the fact of the petitioner's conviction to be a justifiable reason. The legality and validity of the above order is assailed in the instant writ petition.