HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRL.PETITION NO.2714 OF 2010 Date:29.03.2010 Between: Thangella Goverdhan …..Petitioner/Accused And: The State of AP, rep. by its PP …..Respondent. HON’BLE SRI JUSTICE SAMUDRALA GOVINDA RAJULU CRL.PETITION NO.2714 OF 2010 ORDER: This petition is directed against order dated 18.02.2010 passed by the I Additional Sessions Judge, Warangal in Criminal Miscellaneous Petition No.3 of 2010 in Criminal Miscellaneous Petition No.666 of 2009 in Criminal Appeal No.178 of 2009 whereby the petitioner/accused/convict was not granted relief of suspension of conviction by the said appellate court pending appeal against conviction and sentence for offence under Section 498-A IPC. The trial court i.e., the VII Additional Judicial Magistrate of the First Class, Warangal in C.C.No.387 of 2008 while convicting the petitioner for offence under Section 498-A IPC passed sentence of Rigorous Imprisonment for two years and fine of Rs.2,000/-. On appeal, the I Additional Sessions Judge, Warangal in Criminal M.P.No.666 of 2009 granted suspension of execution of sentence of imprisonment by order dated 29.09.2009. Now the petitioner sought for suspension of conviction also on the ground that he is a Government servant and that in case his conviction is not suspensed, he will be thrown out of job. The petitioner is stated to be working as police constable. He apprehends suspension or removal from service in view of conviction by the trial court. No doubt, A.P. Civil Services (Conduct) Rules, 1964 and the A.P. Civil Services (Classification, Control and Appeal) Rules, 1991 provide for the same. Even though conviction was passed by the trial court on 15.09.2009, till today, the departmental authorities did not take any action against the petitioner. The legal position is that in case a Government servant is removed from service on the ground that he was convicted by a criminal court of an offence involving moral turpitude, then the same Government servant is liable to be re-instated into service in case his conviction is set aside by the appellate court or any other higher court. It is immaterial for the State or for Government whether the petitioner is in service or not. In case, the petitioner is going to be removed from service because of the conviction passed by the trial court, the petitioner will be entitled for his re-instatement in case the conviction is set aside by the appellate court. Thus, there are no special reasons in this case to suspend conviction of the petitioner recorded by the trial court. The order passed by the lower court is proper and legal. In the result, the petition is dismissed. ____________________________________ SAMUDRALA GOVINDARAJULU,J. Date:29.03.2010. Gk. HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRL.P.NO.2714 OF 2010 Date: 29.03.2010 Gk.