Allahabad High Court
Shiv Kumar vs State Of U.P.Thr.Secy Revenue And ... on 8 May, 2023
Bench: Alok Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:31622
Court No. - 20
Case :- WRIT - A No. - 6850 of 2006
Petitioner :- Shiv Kumar
Respondent :- State Of U.P.Thr.Secy Revenue And 2 Ors
Counsel for Petitioner :- Satish K Tripathi,Ajay Sharma,Yamuna Prasad Yadav
Counsel for Respondent :- C.S.C,Rakesh Kumar Saini
Hon'ble Alok Mathur,J.
1. Heard Sri Rakesh Kumar Saini, learned counsel for the petitioner as well as learned Standing Counsel for the respondents.
2. By means of present writ petition the petitioner has challenged order dated 17.03.2005, passed by the Sub Divisional Magistrate, Mankapur, District - Gonda, whereby the petitioner has been terminated on being convicted by means of order dated 30.11.2004, passed by the Additional Sessions Judge/FTC, Gonda passed in Sessions Trial No. 102/2002, arising out of Case Crime No. 22/2002, under Sections 498-A, 304-B, 506 I.P.C., Police Station - Motiganj, District - Gonda.
2. It has been submitted by learned counsel for the petitioner that petitioner was initially appointed on the post of Lekhpal on 15.10. 1973 in Tehsil - Sadar, District - Gonda, when a criminal case was registered against petitioner and his son being Case Crime No. 22/2002, under Sections 498-A, 304-B, 506 I.P.C., Police Station - Motiganj, District - Gonda. Allegation against petitioner was with regard to burning daughter-in-law. Petitioner was chargesheeted and in the trial he was found guilty and sentenced with seven years rigorous imprisonment and Rs.5000/- fine by means of judgment and order dated 30.11.2004. The said fact was brought to the knowledge of the competent authority by the S.S.P. (Jail), Gonda by means of letter dated 23.02.2005. The competent authority, taking into account seriousness of the offence committed by the petitioner, terminated his services by means of order impugned in the present present writ petition.
3. It is next submitted by learned counsel for the petitioner that against order of conviction an appeal has been preferred by petitioner where he has been enlarged on bail and also that sentence has been suspended. It is on the strength of the said order, the petitioner submits that once sentence is suspended then, his services could not have been terminated.
4. Learned Standing Counsel on the other hand has opposed the writ petition by submitting that against the order of suspension petitioner as efficacious remedy of appeal before the Collector, Gonda and hence petitioner may be relegated to the alternate remedy of appeal.
5. Learned counsel for the petitioner at this stage submits that petitioner has already preferred an appeal which is annexed alongwith the writ petition. He submits that petitioner may be permitted to pursue the remedy of appeal before the Commissioner, who may be directed to decide the same expeditiously.
6. Learned Standing Counsel has no objection in case suitable directions are issued to the Commissioner, Gonda to consider and decide petitioner's appeal in prescribed time period.
7. Accordingly, present writ petition is disposed of with direction to respondent no. 2 - District Magistrate, Gonda to decide the appeal of petitioner expeditiously, say within two months from the date of production of certified copy of this Court before him, in accordance with law.
Order Date :- 8.5.2023
A. Verma
(Alok Mathur, J.)
