THE HONOURABLE SRI JUSTICE GODA RAGHURAM AND THE HONOURABLE SRI JUSTICE R.KANTHA RAO W.P.NO.14823 of 2010 9-08-2010 BETWEEN; The State of A.P rep. By its Secretary to Government, Education Department, Hyderabad and others ...Petitioners vs. J.Srinivasa Rao and others ...Respondents THE HONOURABLE SRI JUSTICE GODA RAGHURAM AND THE HONOURABLE SRI JUSTICE R.KANTHA RAO W.P.NO.14823 of 2010 ORAL ORDER: (Per GR,J) Notice before admission was ordered on 29-06-2010 in the wr petition and the learned Government Pleader appearing for the petitioner was permitted to take out personal notices on the respondents returnabl in three weeks. Proof of service of notice on the respondent No.1, th applicant in O.A.No.8000 of 2007 on the file of the A.P. Administrativ Tribunal, Hyderabad (the Tribunal), has been filed. The first respondent i duly served. Heard the learned Government Pleader for Services-I for th petitioners. The writ petition is directed against the order dated 19-02 2010 of the Tribunal in O.A.No.8000 of 2007 whereby the origina application filed by the 1st respondent is allowed and the proceedings o the State in G.O.Ms.No.19, Education Department, dated 02-03-2007 an consequent order of communication dated 26-03-2007 issued by th Director of School Education and further proceedings dated 09-04-200 issued by the Regional Joint Director of School Education have bee quashed. The 1st respondent while working as a Mandal Education Officer i Sadasivanagar Mandal, Nizamabad District was trapped by the A.C.B o 22-10-1999 and prosecuted thereafter in C.C.No.5 of 2001 on the file of th Principal Special Judge for SPE and ACB cases, Hyderbad. The 1s respondent was convicted by the order dated 10-10-2006 and sentence to undergo Rigorous Imprisonment for a period of one year and a fine o Rs.300/-. Aggrieved thereby, he preferred an appeal to this Court i Crl.A.No.1430 of 2006 and in an interim application therein, bearin CRL.A.M.P.No.1751 of 2006, obtained an interim order from this Court o 27-10-2008 suspending the sentence of imprisonment. The order o conviction as recorded by the trial court is however still operative. In view of the conviction recorded by the Trial Court in C.C.No.5 o 2001, the 1st respondent was dismissed from service by the order of th State Government issued in G.O.Ms.No.19, dated 02-03-2007. Order consequent to G.O.Ms.No.19 passed on 23-06-2007 by the Director o School Education and on 09-04-2007 by the Regional Join Director of School Education along with the order in G.O.Ms.No.19 wer challenged in O.A.No.8000 of 2007 by the 1st respondent. The learned Tribunal held that in view of Criminal Appeal No.143 of 2006 pending against the conviction and sentence recorded by the tria court by the order dated 10-10-2006 in C.C.No.5 of 2001, the order o dismissal of the 1st respondent passed on 02-03-2007 in G.O.Ms.No.19 cannot be sustained. The above conclusion recorded by the learned Tribunal i unsustainable. A learned Division Bench of this Court in State of Andhr Pradesh and others Vs. P.Rajasekhar and others([1]) has declared th law that pendnecy of appeal against an order of conviction and sentence, when an interim order is passe suspending the sentence, would not eclipse the order of convictio recorded by the trial court nor would invalidate an order of dismissa passed by the employer on the basis of the conviction recorded. It als requires to be noticed that the 1st respondent herein was convicted on charge of acceptance of illegal gratification in a trap by the A.C.B, conduct involving grave moral turpitude. For the aforesaid reasons, the order of the Tribunal cannot b sustained and is accordingly quashed. The writ petition is accordingly allowed at the stage of admission No order as to costs. ______________ GODA RAGHURAM,J ______________ R.KANTHA RAO,J 9th AUGUST 2010. TSNR [1] 2010 (1) ALD 595 (DB)