High Court Of ChhattisgarhWPS/792/2019disposed off

Ramesh Kumar Bansod v. Managing Director, Chhattisgarh Khadi And Gram Ydyog, Raipur

2019-02-06Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 792 of 2019 Ramesh Kumar Bansod S/o Shri Visram Aged About 59 Years Occupation- Government Servant, The Then Inspector Officer Of Khadi Gram Ydyog Balaghat, At Present R/o House No. 130-A, Ward No. 56, Omnagar, Urla, Police Station- Mohan Nagar, Tahsil And District- Durg, Chhattisgarh.

---- Petitioner

Versus

1. Managing Director, Chhattisgarh Khadi And Gram Ydyog, Raipur Through Chhattisgarh Khadi And Gram Ydyog Raipur, DistrictRaipur, Chhattisgarh.

2. Chief Secretary Department Of Khadi And Gram Ydyog Ministry Mahanadi Bhawan, Naya Raipur, District- Raipur, Chhattisgarh.

3. Assistant Director Khadi And Gram Ydyog, Zila Panchayat Officer, Raipur, District- Raipur, Chhattisgarh.

4. Financial Advisor Through Head Office, Raipur, District- Raipur, Chhattisgarh.

5. Chief Executive Officer Zila Panchayat Balrampur, DistrictBalrampur, Chhattisgarh. ----Respondents For Petitioner :

Mr. Girdhari Lal Verma, Advocate For State :

Mr. Sameer Behar, Panel Lawyer Hon'ble Shri Justice P. Sam Koshy Order on Board 06/02/2019

1. The challenge in the present writ petition is to the order dated 14.12.2018, whereby the petitioner's services have been terminated invoking the provisions of Article 311(II)(a) of the Constitution of India on the ground that the petitioner has been convicted from the Court of the Sessions Judge (P.C. Act, 1988), Balaghat, District Balaghat in Sessions Case No. 300001/2013. The petitioner in the said case stands convicted and sentenced to undergo R.I. for 3 years with fine of Rs.10,000/- with default stipulation.

2. Against the said order of conviction, the petitioner has preferred a criminal appeal before the High Court of Madhya Pradesh vide Criminal Appeal No. 9184/2018. The said criminal appeal is still pending before the said High Court. The petitioner had also obtained suspension of sentence and bail in the said case vide order dated 10.12.2018. Pursuant to the conviction, the respondents have terminated the services of the petitioner.

3. This Court is of the opinion that since admittedly the petitioner stands convicted, the impugned order Annexure P/1 at this juncture would be difficult to be interfered with as long as the judgment of conviction is not set-aside.

4. In the light of the aforesaid submissions, this Court is of the opinion that present writ petition at this juncture stands disposed of, reserving the right of the petitioner to revive after the outcome of the criminal appeal that has been filed by the petitioner against his conviction.

5. With the aforesaid observations, the writ petition stands disposed off.

Sd/- (P. Sam Koshy) Judge Ved