45 P J CWP Ne7406 of2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARHe DATE OF DECISION2 3 81010 C 0 0 SheGhamandiLal eeePetitioner C5 VERSUS I StateofHaryana8 Others e e Z C CORAM I 08 HONBLE MRJUSTICE PERMOD KOHLI r PRESENT MrandeepArora Advocate for thepetitioner Z r Permod Kohli Je Orall The petitioner was appointed as Peon on 51990 He was promoted as Clerk on 21 21995 The was marriedwith one Rajbaladlo Phool the year 1991 Acomplaint under Sections4061491 1PC was lodgedagainstthe petitionerHe was convicted bythe Chief Judicial e Hisar under the aforesaid sections and sentencedto undergo for two yearsAn appeal beforethe SessionsJudge jHisar cameto be dismissedvide orderdated 14 72 001 afSrmingthe order of the trial court be petitioner thereafterpreferred a rcv lSlOll petltlOll Rashmi 2014.05.12 10: 22 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:54 I attest to the accuracy and integrity of this document 46 t WP Noe7406of2010 2 1 Crl RevisionNo883 of2005 beforethisCourt Therevision stands dmittedvide order dated912006 andis pendingDuringthe of theappealbefore the Addl SessionsJudgeHisar the was to thepostofAuditor on 1172005 On dismissalofthe appealby theAddl SessionsJudgethe was placedunder vide drderdated 27102005 P wef 2992005 The petitioner r nade a dated31102006 for his reinstatementduringthe 0 0 pndencyof criminal revlSlOIl before the HighCourt and also claimed allowance The said followed by lrther C was I Vide letter dated1452008 P31 latestposition Z 04the case was soughtfrom the petitionerThe petitioner submittedthe 2 dtails of the case vide his letter dated 1262008 lnnexure P49 C thathis appeal hasbeenadmitteda8dhe has been released I 08 01bail Duringthe of the CriminalRevision beforethe High m CCurt the hasbeen removed 8om servlce vide the 7 Z orderdated 32009 I under Rule 60f Local Fund Audit Grpup ServiceRules 1982 andAppendix C to the aforesaid Rules read wilhRuIe4A ofthe HaryanaCivil Services c AppealRules 4 n However he has been the retiralbenefits In the meanwhile me the made an under Section 397 of the CrP lll CrRevNo1883 of 2005 for of the conviction This Coun vide its order dated 582009 P stayedthe conviction of the 4V petitioliduring the pendency of the revlSlOll It appearsthat after thestayof L the convictionthe filed CWP NoA348 of2009 beforethis Coun Thq said wnt petitionwas disposedof vide order dated 18 1009 Pe79 thepetitioner to flle a fresh and a 1 Rashmi 2014.05.12 10: 22 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:54 I attest to the accuracy and integrity of this document 47 r t5 l CWP Noe7406of2010 3 directi6nwas issuedto the to considerand decidethe same in with law within threemonthsPursuant to the aforesaid order the filed a whichhasbeen vide the order dated2312010 Annexure I81 The has theorder of his relnovaldated32009 Pe59and order of rejection of his exure P89 The relied upon a of this Court passedin the 0 0 caseof ShamsherSinghvse District 8 SessionsJudgeFerozepur1992 I 0 3 RS 452 wherein following observationshavebeenmadelm I 4Havingheard Ieamedcounsel for the Z and keepingin view the fact that no one has on behalf of the to contest this petitionI find that the petitionerhas been I 08 removedfrom service only on account of his ao convictlOlle This convictionhavingbeen set aside vm Z the order of removal froin service cannot be Qm sustainedIt is set aside 93 I is accordinglyargued that in view of the aforesaidjudgmentthe orderofremovalofthe from serviceis liable to be set aside I haveheardthe learnedcounselfor thepetitioner I0 the presentcase the orderof conviction hasnot been set asidetill date thoughthe conviction has beenstayed The criminal revlSlO lS pendingThe ratio of the aforesaid judgmentmay not be attractetl111 the presentcase In view of the above circumstances the contentionofthe petitioner thatthe order ofremoval be set aslde cannotbe at this stage Rashmi 2014.05.12 10: 22 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:54 I attest to the accuracy and integrity of this document 48 J r d CWP Noa7406of2010 4 This petition is dismissedHowever the shall have theIiberty to seek remedy 111the event his conviction1S setaside bythe HighCourt in the criminalrevision mentionedherel ablove C emm 1 J 1 PERMOD KOHLII JUDGE 0 0 3 e2010 MFK I C5 I NOTEWhether to be referred to Reporter or not216O Z 4 C r r I 08 Ol8 l r e7 1 Z Qe Ol Rashmi 2014.05.12 10: 22 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:54 I attest to the accuracy and integrity of this document