IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1980 of 2010 1. MOTILAL SINGH S/O LATE BASUDEO SINGH R/O VILL DEBADHIYA, P.S RAJPUR, IN THE DISTRICT OF BUXAR------Petitioner Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF HUMAN RESOURCES , GOVT. OF BIHAR, PATNA 2. THE DIRECTOR, SECONDARY EDUCATION, DEPARTMENT OF HUMAN RESOURCES, GOVT. OF BIHAR, PATNA 3. THE DISTRICT EDUCATION OFFICER, KAIMUR AT BHABUA 4. THE DISTRICT SUPERINTENDENT OF EDUCATION, KAIMUR 5. THE HEAD MASTER, SARVODAY HIGH SCHOOL, GUDIYAN INT HE DISTRICT OF KAIMUR-------Respondents ----------- 2 1.12.2010 Heard learned counsel for the parties. Order of dismissal contained in annexure-1 is totally legal and valid. Convicted person has no right to continue in service. Mere filing of appeal where the conviction has not been stayed by the High Court does not make out a case to give any favourable order till the petitioner is exonerated by the appellate court. There is no question of putting him back in service till the order of conviction is set aside by the appellate court or the order of conviction is stayed by the superior court. This writ application has no merit and it is dismissed. RPS (Ajay Kumar Tripathi,J.)