R.L. Anand, J. - (1.) Shri Rama Nand, the present petitioner, has given a challenge to the order Annexure P-1 vide which he was dismissed from service.
(2.) Some facts can be noticed in the following manner: The petitioner was involved in a criminal case under Section 302 of the Indian Penal Code. He was convicted by the trial Court under Section 304 Part II of the Indian Penal Code. In appeal before the High Court which was disposed of and the substantive sentence of the petitioner was modified by convicting him under Section 323 of the Indian Penal Code and the petitioner was ordered to be released on probation.
(3.) The learned counsel for the petitioner submits that since the conviction and sentence of the petitioner has been modified to one under Section 323 of the Indian Penal Code and the offence of 323 IPC does not involve the element of moral turpitude, therefore, the order of dismissal is bad.;