Per D.S. Sinha. J: - (1.) Heard. Shri R.D. Agarwal, learned counsel for the petitioner.
(2.) The petitioner, who was a police constable at Shahjahanpur, seeks to challenge the validity of the order dated 11th October. 1994, a copy where of is Annexure '1' to the petition, whereby he has been dismissed from service following his conviction under Sections 307 and 302 of the Indian Penal Code in Sessions Trial No. 380 of 1992 leading to life sentence vide judgment and order dated 17th December, 1993 passed by the Additional Sessions Judge, Budaun.
(3.) Learned counsel for the petitioner contents that the impugned order is bad for following two reasons : (a) because neither there was any inquiry held nor was the petitioner given any opportunity of being heard; and (b) because sentence of the petitioner having been suspended by this Court vide its order dated 20th September, 1994 passed in Criminal Appeal No.2230 of 1993, Ram Babu and others v. State a photo copy whereof is Annexure '4' to the petition, the Senior Superintendent of Police, Shahjahanpur could not order the dismissal of the petitioner.;