S.B. Sinha, J. - (1.) This application is directed against the orders dated November 16, 1994 and November 25, 1994 as contained in Annexure -B and C respectively whereby and whereunder the Petitioner has been dismissed from service with effect from August 31, 1990 purported to be under Rule 864 of the Bengal Police Regulation, Volume -I.
(2.) The Petitioner is a constable attached to the Siliguri General Railway Police. He was an accused in a case under Sec. 376 of the Indian Penal Code and in Sessions Trial No. 14 of 1989. He was convicted therein and was sentenced to undergo rigorous imprisonment for 3 years. The said judgment appears to have been passed on August 31, 1990. The Petitioner preferred an appeal against the said judgment of conviction and sentence before this Court which has been registered as Criminal Appeal No. 431 of 1990. The said Criminal Appeal has since been admitted and the Petitioner has been released on bail. During pendency of the aforementioned criminal case of the Petitioner he was charge sheeted on March 10, 1993. However the Superintendent of Police in view of the aforementioned order of conviction terminated his services stating: since Criminal case vide New Jalpaiguri G.R.P.S. Case No. 2 dated 15.9.1985 under Sec. 376 of Indian Penal Code was started against Constable 127/409 Bholanath Roy and the said case was finally tried up in the open court of law by Additional Sessions Judge, Jalpaiguri and awarded sentence on dated 31.8.1990 convicting Constable 409 Bholanath Roy to undergo R.I. to 3 years for the offence under Sec. 376(2) I.P.C. (Sessions Case No. 65/88 corresponding to G.R. No. 1282) arising out of NJP GRPS Case No. 2 dated 15.9.1985). Hence, Constable No. 127/409 Bholanath Roy of Cooch Behar DRF is dismissed from service with effect from 31.8.1990 as per Rule 864 of Police Regulation, Volume -I, 1943. The order of conviction of Constable 127/409 Bholanath Roy was available in this office till 15.11.1994. He kept on receiving the subsistence allowance even after 31.8.1990 the date of his conviction. The overdrawal to be recovered.
(3.) By a further order dated November 25, 1994 the Superintendent of Police directed: Final Order passed in c/w Cooch Behar District proceeding number 7/93 dated 10.3.1993 drawn up against C/409 Bhola Nath Roy formerly of Siliguri G.R.P. now attached to Cooch Behar District. C/409 Bhola Nath Roy of Cooch Behar District is dismissed from service with effect from 31.8.90 vide Cooch Behar District Order No. 143(D) dated 16.11.1994 as per Rule 864 of Police Regulation Volume -I, 1943 as he is awarded a sentence on 31.8.90 convicting to undergo R.I. to 3 (three) years for the offence under Sec. 376(2) I.P.C. by the Additional Sessions Judge, Jalpaiguri vide New Jalpaiguri G.R.P.S. Case No. 2 dated 15.9.85 under Sec. 376 I.P.C. (the above papers have been received to this office on 15.11.1994). Hence, the proceeding number 7/93 is filed which was pending against him. However, his period of suspension with effect from 12.5.1986 A.M. to 31.8.1990 P.M. is confined. He will not get anything more than what he has already drawn and all overdrawals to be recovered from him.;