Om Prakash vs Rajasthan State Road Transport Corporation and Others

D.L. Mehta, J.—Heard learned counsel for the petitioner. The petitioner has been convicted by Judicial Magistrate First Class Roadways, Hanumangarh and sentenced him for 15 days simple imprisonment and a fine of Rs. 1000/- in default to undergo 7 days simple imprisonment Against the said conviction an appeal was filed before the learned Additional Sessions Judge Hanumangarh. The learned Additional Sessions Judge No. 1 Hanumangarh accepted the appeal of the petitioner in part and modified the judgment of the learned Judicial Magistrate First Class Road Ways He maintained the conviction and the sentence was reduced to already undergone. Against the said judgment of the learned Additional Sessions Judge a revision petition has been filed before this Court and the revision has been admitted. The short question involved in this case is whether only on basis of the conviction recorded, the petitioner could be removed or dismissed from service or not This Court in case of Purshottem Singh vs Union of India reported in 1980 R. L.W. 376 has taken the view that during the pendency of the Criminal proceedings the order of dismissal or removal cannot be made only on basis of the conviction. We have to distinguish between the cases in which the conviction and sentence have taken the final stage and the cases in where matter is still subjudice. The Authorities had the option to institute Departmental Enquiry and thereupon they have a right to pass necessary order independent of the conviction, but when the conviction is made the foundation of the passing the order of dismissal or removal then the conviction can not be considered as final till the revision petition is disposed of. For the reasons mentioned above that the revision petition is pending the conviction and sentence is not at a final stage and there is every possibility that it may be set aside after hearing of the revision petition The Departmental Authorities are at liberty to make a Departmental Enquiry if they to choose The writ petition is allowed accordingly and the order annexure 3 dated 26th August 1978 is set aside.