1964 (2) TMI 108

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....dated 20th July 1957 as void, ineffectual and inoperative. It is apparent from the order of Dua J. in Dhanji Ram Sharma v. Union of India: AIR 1961 P&H 178 that the petitioner was held entitled to be paid an amount of Rs. 5059/13/- as wages for the period 16th April 1954 to 19th July 1957. In paragraph 5 of the present petition it is alleged that the petitioner was neither reinstated nor the wages were paid to him till 16th 1961 and by means of an order dated 13th December 1961 he was informed that he had been dismissed form service with effect from 10th December 1961 as a result of conviction by a Court of Law. In paragraph 6 of the petition it is stated that some criminal cross case against certain senior scale officers of the Northern Ra....

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.... December 1961 the petitioner field a departmental appeal against the dismissal order but no decision has been given on it till today. After the order of acquittal in the Criminal case the petitioner claims to have sent a fresh representation on 26th March 1962 pointing it out that his conviction had been quashed by this Court and praying that he be reinstated in service and also his wages for all the intervening period be paid. It is stated by the petitioner that no reply was ever received from the Railway. The orders of dismissal are sought to be quashed on the ground that the petitioner was entitled to the protection of Article 311 of the Constitution and proviso (a) to clause (2) did not apply to his case because there had been no convi....

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.... learned Single Judge of the Allahabad Court followed this decision in R. S. Das v. Divisional Superintendent, Allahabad : AIR 1960 All 538. A Division Bench of the Allahabad High Court in the Divisional Superintendent, Northern Rly. Allahabad v. Ram Saran Dass : AIR 1961 All 336 agreed with my view. A Division Bench of the Madras High Court in Union of India v. R. Akbar Sheriff : AIR 1961 Mad 486 considered the matter at length and observed that once the conviction was set aside or quashed the dismissal order must fall to the ground. According to the learned Madras Judges, an acquittal of a person of a criminal charge by a higher Court setting aside the conviction passed by a subordinate or an inferior Court in tantamount to the person ....

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....ble to be dismissed from the service on his conviction by Criminal Court or by Court Martial etc. Here also the word is "conviction" and that cannot possibly mean conviction by an inferior Court when the superior Court sets aside the order of conviction. "Conviction" as used in this rule must be understood necessarily to main that the Railway Servant should stand finally convicted. 5.  An attempt was made by Mr. Trikha to refer to certain allegation of misconduct against the petitioner. There is nothing in the written statement with regard to the same nor are any particulars of misconduct stated. At any rate, so far as the order of dismissal is concerned, any misconduct on which it may be open to the respondents to take departmental....