IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3072 of 2011 Ravindra Kumar Rai Versus The State Of Bihar & Ors ----------- 2 6.7.2011 Heard learned counsel for the parties. The factual position is that the petitioner was convicted in Charpokhari P. S. Case No. 86 of 1998 for life under several sections including 302/34 of the Indian Penal Code. The constitutional position as envisaged in proviso to Article 311 contemplates dismissal of such employees without any enquiry of any kind on conviction by a criminal court. Conviction of the petitioner led to the order of dismissal being passed against him. Merely because the petitioner has filed an appeal and the petitioner has been enlarged on bail it does not take away the factum of conviction because unless the appellate court stays the order of conviction, temporary relief by way of grant of bail is no indicator of the petitioner having been absolved of what he has been charged with. In the opinion of this Court the remedy for the petitioner would be to try for an early order of acquittal from the Division Bench by getting his appeal decided at the earliest. In the matter of this kind no interference at this stage is required to be made with the order of dismissal. This writ application is dismissed subject to the result of the criminal appeal. RPS (Ajay Kumar Tripathi,J.)