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Judgment
S.C. Sharma, J
The present writ appeal is arising out of judgment dated 5.8.2020, passed in W.P.No.9749/2020 (Rajendra Daware & Ors. v/s. Municipal Corporation & Ors.).
The facts of the case reveal that the present appellants have been convicted in criminal case for the offence punishable under Sections 147, 262, 294, 149, 307, 353, 148 and 357 of IPC along with the offence under the Lok Sampati Nivaran Adhiniyam, 1984. They have been sentenced to undergo 5 years RI along with fine of Rs.13,500/-. It is true that an appeal has been preferred by some of them and by an order dated 9.5.2019, the sentence has been suspended.
Undisputedly, there is no stay order granted by the High Court in respect of conviction only the sentence has been suspended. The learned Single Judge taking into account the order passed in Cri.Appeal No.3479/2019, dated 9.5.2019 has dismissed the writ petition wherein, the termination was under challenge. The order of termination is also on record dated 23.4.2019 and the same reveals that on account of conviction, the present appellants have been dismissed from service.
In the considered opinion of this court, the learned Single Judge was justified in dismissing the writ petition, as the termination of the present appellant was a consequence of their conviction.
Learned counsel has argued before this court that the order of termination is bad in law, as the sentence has been suspended in criminal appeal. The suspension of sentence does not mean stay to conviction.
Learned counsel has not argued any other ground before this Court.
No case for interference is made out. The writ appeal is, accordingly, dismissed.