1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. CIVIL WRIT PETITION No.2275/2007. : : Hari Singh Yadav Vs. State of Rajasthan & Ors. : : Date of Order 20.3.2009 HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr. Virendra Lodha for the petitioner. Mr. Zakir Hussain, Addl.Govt.Counsel for the State. Heard learned counsel for the parties. 2. This writ petition has been filed against the order of removal of petitioner dated 27.11.2006. The aforesaid order of removal was passed on later conduct of petitioner of conviction for offence under Sections 498-A and 304-B IPC by Additional District Judge, Kishangarh Bas, Alwar. 3. Shri Virendra Lodha, learned counsel for the petitioner has argued that petitioner has filed appeal against the aforesaid order of conviction and sentenced therein has already been suspended by order of this Court dated 19.2.20077 in SB Criminal Appeal No.909/2006. It is contended that once the sentence is suspended there is no reason for removing the petitioner from service. 2 4. Shri Zakir Hussain, learned Additional Government Counsel opposed the writ petition and submitted that mere suspension of sentence does not have the effect of obliterating the conviction. 5. Having heard the learned counsel for the parties and perused the material on record, I find that respondents in the order of removal dated 27.11.2006 themselves mentioned that removal of petitioner was made subject to final out come of appeal pending before this Court. It goes without saying if and when the appeal of petitioner is allowed and conviction is set aside he would be liable to be reinstated in service. If the petitioner is eventually acquitted in the said appeal, he shall be free to make representation in that behalf. However, mere suspension of sentence does not have the effect obliterating the conviction on which basis the respondents by invoking Article 311 of Constitution of India passed the order of removal. This writ petition is, therefore, dismissed with the aforesaid observation. (MOHAMMAD RAFIQ)J. A.Arora/- Item No.65.