- (1.) Heard Sri Shyamal Narain, Advocate, assisted by Sri Ashwani Kumar Mishra, learned counsel for the petitioner, Sri Mahendra Pratap, Advocate, appearing on behalf of the State as Special Counsel and Sri Pankaj Rai, learned Additional Chief Standing Counsel.
(2.) The brief facts of the case are that the petitioner was serving as Medical Officer (Homoeopathic). It is alleged that the wife of the petitioner has committed suicide on 25.05.2002. A First Information Report was lodged against him on 27.05.2002 under Sections 302, 498-A & 328 IPC, P.S. Attarsuiya, District-Allahabad. By the judgment dated 21.04.2009 in Sessions Trial No. 350 of 2004, the Additional Sessions Judge, Fast Track Court, Court No. 20, convicted the petitioner and awarded punishment under Section 498A IPC for two years rigorous imprisonment with fine of Rs. 3000/- and under Section 306 IPC for four years rigorous imprisonment with fine of Rs. 10,000/-. The petitioner filed a Criminal Appeal No. 2605 of 2009 in which by an order dated 07.05.2009, the petitioner was granted bail and the effect and operation of the impugned judgment and order dated 21.04.2009 was stayed by this Court. It appears that in pursuance of the criminal proceeding, the petitioner has been suspended. However, when the petitioner was released in pursuance of the order passed by this Court, the petitioner applied for his reinstatement. The Secretary Medical, Health, Government of U.P. reinstated him after quoting the order of the Criminal Appeal No. 2605 of 2009. Purportedly, in compliance of the interim order of the High Court dated 07.05.2009. The petitioner filed the Writ Petition No. 27895 of 2010 seeking relief for direction to decide his representation dated 29.12.2009 for fixing his pay in the pay scale? in accordance with the recommendation of 6th Pay Commission and also pay him basic pay including pay band coupled with dearness allowance in consonance with recommendation of 6th Pay Commission w.e.f. November, 2009.
(3.) While entertaining the writ petition on 17.05.2010, the Division Bench of this Court has made the following observation:- "We are unable to appreciate as to how the petitioner was reinstated after his conviction. The law in this regard is fairly well settled. In B.R. Kapoor vs. State of T. N., 2001 7 SCC 231; State of Maharashtra vs. Gajanan, 2003 12 SCC 432 and Navjyot Singh Siddhu vs. State of Punjab, 2007 AIR(SC) 1003 the Supreme Court held that unless the attention of the Court hearing the Criminal Appeal is directed and that reasons are recorded for staying conviction, a government servant convicted on the criminal charges is not entitled to be reinstated in service. In the present case, we do not find that the attention of the High Court in Criminal Appeal was drawn or any argument was placed to stay the operation of the judgment for the purposes of reinstatement of the petitioner in service. There is no mention in the appellate order that the petitioner is a government servant and is under suspension. The High Court has not stayed the conviction of the petitioner. The stay of the effect and operation of the judgment cannot be treated as stay of conviction. The Medical and Health Department appears to have passed the order without seeking advise of the Law Department. We, therefore, direct the State to explain the circumstances in which the petitioner was reinstated in service.";