Appeal against dismissal of writ petition regarding rejoining service pending criminal appeal. Court held suspension does not negate conviction for murder.
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Court No. - 34
Case :- WRIT - A No. - 21521 of 2022
Petitioner :- Ajeet Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Arun Kumar,Rahul Singh Counsel for Respondent :- C.S.C.,Daya Ram
Hon'ble Saurabh Shyam Shamshery,J.
Petitioner during his appointment as Assistant Teacher has faced trial for murder and he was convicted by judgment and order dated 11.7.2022. Meanwhile, petitioner was terminated from service.
Learned counsel for petitioner submits that petitioner has filed criminal appeal before this Court wherein sentence has been suspended, therefore, his representation to join service is pending which may be decided.
During criminal appeal only sentence was suspended and not the conviction, therefore, petitioner is still a convicted person for a serious offence of murder, therefore, only on the ground of suspension of sentence, no representation for rejoining services or setting-aside the termination order be considered.
Writ petition has no force, accordingly dismissed.
Order Date :- 3.2.2023 SB
Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad
1 issue framed by the court
Whether representation for rejoining services can be considered when the criminal appeal only suspended the sentence but not the conviction for murder.
Ajeet Singh
State Of U.P.
2 Others
Saurabh Shyam Shamshery
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
