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Judgment
Shantanu Kemkar, J.
Heard on the question of admission.
The petitioner was working on the post of Patwari in the office of Collector, Chhatarpur. On 2.5.2002 he was caught red-handed while accepting bribe of Rs. 1000/- in a trap laid by Special Police Establishment, Lokayukta, Sagar. A challan was filed u/s 173 of the Code of Criminal Procedure 1973 before the Special Court, Chhatarpur for offence under Sections 7,13 (1) (d) and 13 (2) of the Prevention of Corruption Act. The Special Court Chhatarpur in Special Case No.2/2002 by judgment dated 1.9.2005 (Annexure P-2) convicted the petitioner and sentenced him to undergo two years rigorous imprisonment and fine of Rs. 2000/- for offence u/s 7 of the Prevention of Corruption Act and two years rigorous imprisonment and fine of Rs. 2000/- for offence u/s 13 (1) (d) and 13 (2) of the Prevention of Corruption Act.
On the basis of his conviction on a criminal charge the petitioner was dismissed from service by the respondents by order dated 5.10.2005 (Annexure P-5).
The petitioner challenged the conviction and sentence in Criminal Appeal No. 1816/2005 wherein this Court by order dated 8.9.2005 suspended the execution of Jail sentence.
On 17.10.2005 the petitioner submitted a representation to the Collector chhatarpur stating therein that since his jail sentence has been suspended by the High Court in Criminal Appeal No. 1816/2005, the order dated 5.10.2005 (Annexure P-5) be set aside and he be reinstated in service.
The said representation was not allowed and was kept pending till final disposal of Criminal Appeal by the High Court, by the Collector vide order dated 27.12.2005 (Annexure P-7). Feeling aggrieved the petitioner has filed this petition.
The petitioner was dismissed from service by order dated 5.10.2005 (Annexure P-5) on the ground that he has been convicted of offence under Prevention of Corruption Act. Merely because the petitioner has filed appeal against the said judgment of the Criminal Court and in Criminal Appeal the jail sentence has been suspended would not wipe out the judgment of conviction till it is set aside. Thus, I find no illegality in impugned order of dismissal (Annexure P-5) and also the order dated 27.12.2005 (Annexure P-7) by which his representation has been kept pending till final decision of the criminal appeal. In Laxmi Narayan Hayaran Vs. State of Madhya Pradesh and Another, the full Bench of this court considering Rule 19 of the M.P. Civil Services (Classification, Control and Appeal) Rules, 1966 held that where the conviction is on the ground of corruption there could be no two views that imposition of punishment by way of dismissal is just, proper and appropriate and is not excessive.
In this view of the matter, I find no ground to entertain this petition. Accordingly the petition is dismissed in limine. No orders as to cost.