1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1649 OF 2002 Sudhakar Dhanaji Ubale ..Petitioner V/s. The Mumbai Port Trust ..Respondent None present CORAM : P. B. MAJMUDAR R.M.SAVANT, JJ. DATE : 16TH JUNE, 2009 P.C. . The petitioner is not present when the matter is called out. By way of this Writ Petition, the petitioner has challenged the dismissal Order passed against him in connection with the Departmental Enquiry initiated by Disciplinary Authority dated 4th February, 2002. By the said order, the petitioner has been removed from service on account of his conviction in a Criminal Case Under Sections 498A and 302 of Indian Penal Code in which he has been awarded a sentence of life 2 imprisonment by the Sessions Court by its Order dated 1st August, 2000. Since the petitioner has been dismissed in view of the conviction and sentence awarded by the Sessions Court, the Department was justified in passing the impugned order. If the employee has been convicted in a Criminal case, the employer can certainly remove him from his service on certain conditions. We make it clear that if any appeal is preferred against the order of conviction, the petitioner can apply for passing of appropriate order of re- instatement in the event of his acquittal. If, in Appeal as indicated above, the petitioner is acquitted, the respondent thereafter will pass appropriate orders as regards the petitioner's re- instatement. Subject to what is stated above, the above Writ Petition stands dismissed. Rule discharged. No order as to costs. ( R.M.SAVANT. J.) ( P. B. MAJMUDAR, J.)