IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No.1605 of 2010. Decided on: April 28, 2010 Sunil Kumar ….. Petitioner. Versus State of Himachal Pradesh and others …… Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice R.B. Misra, Judge. For the Petitioner : Mr. Naresh Kaul, Advocate. For the Respondents: Mr. R.K. Sharma, Sr. Addl. Advocate General. --------------------------------------------------------------------------------------------------- Justice Kurian Joseph, C.J. (Oral) CMP No. 2293 of 2010 Allowed. CWP No. 1605 of 2010 Annexure P-6, proceedings dated 6th April, 2010 is under challenge. As per the said proceedings, the petitioner has been dismissed from service on account of conviction in two criminal cases. But we find from Annexures P-1 and P-2 that the conviction and sentence have been stayed in appeal. That means there is no operation of guilt was found by the trial Court and hence the petitioner is not liable to be dismissed from service on account of conviction referred to above. This view that we 2 have taken is also covered by the decision of the Supreme Court in Navjot Singh Sidhu vs. State of Punjab and another, (2007) 2 SCC 574. Therefore, we set aside Annexure P-6. However, we make it clear that the judgment shall not stand in the way of departmental proceedings, if any, being initiated or already initiated being continued. The Writ Petition is disposed of, so also the pending application. (Justice Kurian Joseph), Chief Justice April 28, 2010 (Justice R.B. Misra), (rks) Judge.