Sunil Ambwani, J. - (1.) Heard Shri Daya Shankar Misra, learned counsel for the petitioner, and learned standing counsel.
(2.) With the consent of both the parties, this writ petition is being decided at the admission stage. Petitioner was selected and appointed as Constable in Civil Police, Uttar Pradesh in January, 1985. In November, 1996, while he was still posted at G.R.P., Shahjahanpur, he was suspended from service on the charge of registration of a Criminal Case No. 659 of 1996 under Section 302, I.P.C., police station Majhaula, district Moradabad. In Sessions Trial No. 207 of 1997, State v. Sanjay and Ors., under Section 302/34, I.P.C. the Additional District Judge-7, Moradabad convicted petitioner Ram Rakshapal Singh having found him guilty for offences punishable under Section 302/34, I.P.C. and sentenced him to undergo imprisonment for life. The Superintendent of Police, Railways, Lucknow, by his order dated 22.6.2001 dismissed petitioner under Rule 8 (2) (A) of U. P. Subordinate Police Officers (Punishment and Appeal) Rules, 1991, with immediate effect on the ground of his conviction and sentence of life imprisonment. In the same order, it was stated that in view of the heinous crime of murder committed by the petitioner for which he had been sentenced for life imprisonment, it was not proper for him to continue on the post of Constable in the civil police, which is a disciplined force.
(3.) The petitioner along with others convicted and sentenced in the aforesaid sessions trial filed a Criminal Appeal No. 1199 of 2001, Sanjai and three Ors. v. State of Uttar Pradesh. This Court by its order dated 9.11.2001 suspended the order of conviction and sentence of appellant No. 2, Mahendra Pal Singh, and appellant No. 3, Ram Rakshapal Singh. The order passed by this Court is quoted below ; "Heard appellants' counsel Sri D.S. Misra and learned A.G.A. It is submitted by the appellants' counsel that appellant No. 2, Mahendra Pal Singh is a teacher and appellant No. 3 Ram Rakshapal Singh is a police constable in G.R.P. and therefore, a prayer has been made to suspend the order of sentence during pendency of their appeal in this Court. Perused the order dated 31.8.2001 and it is directed that the following words be added to that order: Pending appeal the order of conviction and sentence of appellant No. 2, Mahendra Pal Singh and appellant No. 3, Ram Rakshapal Singh shall remain suspended,";