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Judgment
Jayanandan Singh, J
Heard learned counsel for the parties. The petitioner is aggrieved by order dated 9th March, 2005, as contained in Annexure-6, whereby he has been dismissed from service by the Air Officer Commanding-in-Chief on the ground of his conviction in the criminal case under sections 304B and 201 / 34 of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioner has preferred an appeal before this Court and his appeal is pending in this Court and he has been granted bail. He further submits that appeal is treated as continuation of trial and therefore as long as his appeal is not decided, his dismissal is unsustainable. In support of his contention, learned counsel for the petitioner has relied on two decisions in the case of Ram Nandan Prasad vs. State of Bihar: 1995(1) PLJR 399 and Ram Sarowar Pd. Singh Vs. State of Bihar and Others, .
Learned counsel for the respondents submits that the petitioner has been dismissed from service in terms of the provisions u/s 20(3) of the Air Force Act, 1950 read with Rule 18 of Air
Force Rules, 1969 upon being convicted in a substantive criminal case.
However, it is an admitted position that the appeal of the petitioner has been admitted and during the pendency of the appeal he has been granted bail against the said conviction and sentence passed by the trial court. In almost identical circumstances this Court has held that any dismissal will be bad in law during the pendency of the appeal and the authorities have to wait till the final disposal of the appeal. The said judgments of this Court fully support the contention of the learned counsel for the petitioner.
In that view of the matter, the impugned order, as contained in Annexure-6, is hereby quashed and the respondents are directed to reinstate the petitioner in service and thereafter pass appropriate orders in accordance with law. It is needless to say that any final order of the respondents shall await the disposal of the substantive appeal filed by the petitioner. With the aforesaid observations/ directions, this writ application stands disposed of.