- (1.) HEARED learned counsel for the parties. It is not in dispute that the appeal of the petitioner who is a civil servant, is pending against his conviction. The admitted position is that the petitioner has been removed from service during pendency of the appeal, which cannot be justified in view of the following judgments of this Court: - 1. S. B. Civil Writ Petition No. 51/76 Gopal Singh vs. State of Raj. decided on 5. 12. 1978 and confirmed by the Division Bench. 2. Dr. Trilokhan Singh vs. State of Rajasthan 1982 R. L. W. 511. 3. Purshottamsingh vs. Union of India, 1980 W. L. N. 321. 4. Milakhraj vs. State of Rajasthan S. B. Civil Writ Petition No. 1550/81 decided on 19. 3. 1981.
(2.) IN the last case, I have also discussed the Government Circular dated 14. 3. 1980. In all these cases, it has been held that, if the removal is to be made, on the ground of conduct, leading to conviction without making enquiry, the conviction should be allowed to attain finality. In view of the above, I have accepted the joint request of both the parties not to go into the details of the facts and submissions in details. As the appeal is still pending and the conviction is not final, the impugned order of dismissal dated 10. 8. 78 is set aside. The petitioner be re-instated but be kept under suspension till final decision of the criminal case. He would be paid salary as suspended employee according to the Rajasthan Government Service Rules. The Writ Petition is accepted as indicated above. No order as to costs. .;