HARDYAL SINGH Vs. THE STATE OF H.P. ETC.

JUDGEMENT

(1.) The Petitioner being aggrieved by his removal from service as a dak runner in the Forest Department pursuant to his conviction under Ss. 447, 147 and 149 of the Indian Penal Code, has preferred this writ petition with a prayer that the impugned order of his removal, which is dated 28.2.1669, should be quashed and he should be reinstated in service with effect from the date of his removal.

(2.) Short facts of the case are that the Petitioner joined service of the Forest Department as a dak runner on 4.1.1954. He was confirmed and made permanent on that post by office order No. 61/1965 -66 dated 14.9.1965. It is found that before his confirmation, he was convicted on 22.5.1961 for the offences under Ss. 447, 147 and 149 of the I.P.C. by the court of the Ilaqua Magistrate, Bilaspur. The learned Magistrate on his conviction sentenced the Petitioner to suffer rigorous imprisonment for six months and the payment of fine of Rs. 200/ -. Against this order of conviction and sentence the Petitioner preferred an appeal before the Court of Sessions Judge, Bilaspur. The said court confirmed the conviction but reduced the sentence to imprisonment till the rising of the court and the payment of fine of Rs. 50/ - only. This order seems to have been passed by the Sessions Court in the year 1962. As stated above, about three years after the confirmation of this conviction by the Sessions Court, the services of the Petitioner were confirmed and he was made permanent on the post which he was holding.

(3.) It is found that in the month of February, 1961 i.e. about eight years after his conviction by the Magistrate, the Divisional Forest Officer, Bilaspur Forest Division, Himachal Pradesh passed the impugned order of removal of the Petitioner from service because he was convicted by the court in a criminal case. This is the order which is impugned in this writ petition. In order to appreciate the nature of this order it would be necessary to state its terms. It runs as under: