Vikram Nath, J. - (1.) This special appeal has been filed by the employer under Chapter VIII Rule 5 of the Rules of the Court against the judgment of the learned single Judge dated 23.04.1999 passed in Writ Petition No. 17362 of 1999, whereby the writ petition of the respondent was allowed and the appellant was directed to initiate disciplinary inquiry and after giving opportunity of hearing to the respondent to complete the said inquiry in accordance with the relevant rules within a period of 3 months from the receipt of certified copy of the judgment.
(2.) The respondent was working as driver in the U.P. State Road transport Corporation (in short referred to as the Corporation) and Was posted in the Jhansi Region. Pursuant to the involvement of the respondent in Case Crime No. 550 of 1996, under Section 376/34 IPC, and Section 3(1) and (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, he was suspended on 8th February 1996. After the trial in the aforesaid criminal case the _' respondent was convicted and sentenced to undergo life imprisonment vide judgment dated 21.08.1998 by the Sessions Judge, Hamirpur in Special Case No. 90 of 1996. The respondent filed an appeal before this Court against his conviction and sentence, which was registered as Criminal Appeal No. 1626 of 1998. The appeal was admitted on 09.09.1998 and further vide order dated 02.11.1998 the respondent was directed to be released on bail and the realization of the fine was stayed. Further vide order dated 20.04.1999 this Court suspended the judgment and order dated 21.08.1998 passed by the Sessions Judge.
(3.) After the conviction of the respondent and the bail having been granted by the High Court on 02.11.1998, the Regional Manager issued a show cause notice dated 13.11.1998 calling upon the respondent to show cause why he may not be removed from service after forfeiting the balance salary of the period of suspension. The respondent vide his reply dated 19.12.1998 informed the Regional Manager that the appeal against conviction has been admitted in the High Court and that he has been granted bail and further that he had been falsely implicated in the criminal case by the police of Harpalpur Police Station as he had objected to the traveling of the police officials of the said Police Station without ticket. He also stated that another bus of the Corporation bearing No. 9146 was being towed by his bus and it was in the said bus that the alleged offence was said to have taken place. He denied of his involvement in the criminal case and prayed that the notice may be withdrawn.;