https://www.taxtmi.com/caselaws?id=306150 Dismissal from service under Article 311(2) proviso (a) and the corresponding railway rule cannot rest on a criminal conviction that has been set aside on appeal, because "conviction" in that context means a final conviction that has attained legal finality. Once a superior court quashes the conviction, the foundation for disciplinary dismissal on that ground disappears. The Court also noted that misconduct not forming part of the dismissal order could not be relied on to sustain the action. On that basis, the dismissal based solely on the earlier conviction was held illegal, void and ineffective, and the employee was entitled to relief. en-us Fri, 14 Feb 1964 00:00:00 +0530 Fri, 13 Jan 2023 15:05:03 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=306150 Dismissal from service under Article 311(2) proviso (a) and the corresponding railway rule cannot rest on a criminal conviction that has been set aside on appeal, because "conviction" in that context means a final conviction that has attained legal finality. Once a superior court quashes the conviction, the foundation for disciplinary dismissal on that ground disappears. The Court also noted that misconduct not forming part of the dismissal order could not be relied on to sustain the action. On that basis, the dismissal based solely on the earlier conviction was held illegal, void and ineffective, and the employee was entitled to relief. Case-Laws Indian Laws Fri, 14 Feb 1964 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=306150