- (1.) The petitioner has impugned the undated order passed by respondent No. 2 removing him from service in this petition under Article 227 of the Constitution.
(2.) Facts first : The petitioner joined service as J.B.T. Teacher on 23.5.1952; he was confirmed as such on 1.8.1953. and was granted selection grade on 1.4.1979; he quarrelled with distant collaterals and this led to the registration of first information report under Section 452/325/148/149 of the Indian Penal Code; he was ultimately convicted and sentenced to undergo one year imprisonment by Judicial Magistrate, Hansi by his order dated 4 6.1984; he preferred an appeal against the order of the Judicial Magistrate before the Sessions Judge. The same was admitted to hearing and the execution of sentence was suspended on his furnishing bail in the sum of Rs. 3000/- with one surety in this like amount to the satisfaction of the Illaqa Magistrate/Deputy Magistrate. During the pendency of appeal, respondent No. 2 issued the impugned order removing the petitioner from service.
(3.) Respondent No. 2 has controverted the factual averments made in the petition. The only defence taken in the written statement is that the impugned order was passed after taking into consideration the order of the Judicial Magistrate dated 4.6.1984 and of the Additional Sessions Judge dated 12.6.1984.;