Supreme Court - Daily Orders
Dharmendra Kumar Mishra vs Union Of India & Ors. Etc. on 29 September, 2015
Bench: Jagdish Singh Khehar, R. Banumathi
I.A.Nos.1-2 in SLP(C)Nos.7872-7873/15 1
ITEM NO.13 COURT NO.4 SECTION IX
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
I.A.Nos.1-2 In Petition(s) for Special Leave to Appeal (C)
No(s).7872-7873/2015
(Arising out of impugned final judgment and order dated 02/02/2015
in SCA No.4633/2014 with SCA No.9357/2014 passed by the High Court
of Gujarat at Ahmedabad)
DHARMENDRA KUMAR MISHRA Petitioner(s)
VERSUS
UNION OF INDIA & ORS. ETC. Respondent(s)
(With appln.(s) for directions and office report)
Date : 29/09/2015 These petitions were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE JAGDISH SINGH KHEHAR
HON'BLE MRS. JUSTICE R. BANUMATHI
For Petitioner(s) Mr. Manoj K. Mishra, Adv.
Mr.Sandeep Kumar Dwivedi, Adv.
Mr.Shivam Verma, Adv.
Ms.Madhubala, Adv.
For Respondent(s) Mr.Rupesh Kumar, Adv.
Mrs. Anil Katiyar, AOR(NP)
Upon hearing the counsel the Court made the following
O R D E R
It is not a matter of dispute that consequent upon the conviction of the petitioner, he was dismissed from service under Rule 19 of the CCS (CCA) Rules, 1965. In the above view of the matter, we find no justification whatsoever for entertaining the instant petitions. The same are accordingly hereby dismissed. Signature Not Verified Digitally signed by Satish Kumar Yadav Date: 2015.10.03
Despite our above order, it was the contention of the 14:58:09 IST Reason: learned counsel for the petitioner that he has already assailed the order of his conviction by preferring an appeal and that, there is I.A.Nos.1-2 in SLP(C)Nos.7872-7873/15 2 every likelihood of the petitioner to succeed in the criminal appeal filed by him. In the above eventuality, if the petitioner is acquitted, the order passed under Rule 19 of the CCS (CCA) Rules, 1965 will have to be set aside and in such eventuality, the controversy raised in the instant special leave petitions would revive.
We accept the above prayer made by the learned counsel for the petitioner. In the eventuality of his acquittal by the acceptance of the criminal appeal preferred by the petitioner, it will be open to the petitioner to move an I.A. to revive the present special leave petitions.
As a sequel to dismissal of the special leave petitions, I.A.Nos.1-2 stand disposed of.
(SATISH KUMAR YADAV) (RENUKA SADANA)
AR-CUM-PS COURT MASTER