SBCWP NO.7651/02. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CIVIL WRIT PETITION No.7651/2002. Om Prakash Sharma Versus State of Rajasthan & Ors. Date of order:- March 6, 2009. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Suresh Sahni for the petitioner. Shri Zakir Hussain, Additional Government Counsel. ***** BY THE COURT:- The petitioner has challenged the order dated 24/1/2002 by which he was removed from service on the ground of his conduct which led to his conviction by the court of learned Special Judge, Prevention of Corruption Act, Kota in Special Cr.Case No.4/1990 vide judgment dated 27/9/1996 for offences under Sections 7 and 13(1) (d)(2) of the Prevention of Corruption Act, 1988 and was awarded sentence of one year. Learned counsel for the petitoiner has argued that petitioner has filed appeal against SBCWP NO.7651/02. 2 the aforesaid order of conviction and sentence awarded to him in which his sentence has been suspended till appeal was not finally decided. Writ petiton therefore be allowed. Learned Additional Government Counsel has opposed the writ petition and argued that the disciplinary authority in exercise of powers granted under Rule 19 of the Rajasthan Civil Service (Classification, Control and Appeal) Rules, 1958, passed the order because petitioner was found guilty for committing offences under Sections 7 and 13(1)(d)(2) of the Prevention of Corruption Act, 1988 and was awarded sentence of one year. Having heard learned counsel for the parties and perused the material on record, I find that mere suspension of sentence would not have any impact on merit of the writ petition until and unless the petitioner is not acquitted in appeal. If eventually, conviction is set-aside, petitioner may again approach to this court but at this stage, action of the respondents cannot be faulted. Writ petition is accordingly dismissed. (MOHAMMAD RAFIQ), J. anil