- (1.) HEARD learned counsel for the parties.
(2.) BY this petition, the petitioner seeks to challenge the legality and validity of the order dated 28-6-2008 (Annexure - P/1) passed by the Collector, Raigarh, by which the petitioner has been removed from his service. The facts, in brief, for disposal of the petition, are that the petitioner was charge sheeted for commission of offence under the provisions of Section 7 of the Prevention of Corruption Act, 1988. For the same charges disciplinary enquiry was also initiated. According to the learned counsel appearing for the petitioner there was no difference in the charge sheet and the evidence and the witnesses were the same. There is no dispute on this submission by the learned counsel appearing for the State. The Special Judge, Raigarh, having found the petitioner guilty sentenced him to undergo rigorous imprisonment for 6 months and to pay a fine of ' 1,000/- with default stipulation by judgment of conviction and order of sentence dated 14-9-1999 in special case No.1/1993. In view of the judgment of conviction and order of sentence passed by the Special Judge, Raigarh, the Collector, Raigarh, by the impugned order dated 28-6-2008 (Annexure - P/1) terminated the petitioner from his service by observing as under: ...[VERNACULAR TEXT OMMITED]... 7. The Supreme Court, in Deputy Director of Collegiate Education (Administration) Madras v. S.Nagoor Meera1, observed as under: "9. ..The more appropriate course in all such cases is to take action under clause (a) of the second proviso to Article 311(2) once a government servant is convicted of a criminal charge and not to wait for the appeal or revision, as the case may be. If, however, the government servant-accused is acquitted on appeal or other proceeding, the order can always be revised and if the government servant is reinstated, he will be entitled to all the benefits to which he would have been entitled to had he continued in service." For the reasons mentioned hereinabove, the impugned order dated 28-6-2008 (Annexure - P/1) is quashed. The petition is allowed with all consequential benefits. There shall be no order asto costs. ;