By the impugned order, while accepting the second application filed by the respondent for suspension of his companyviction under Sections 302 and 323 read with 34 of the Indian Penal Code for short, IPC , the High Court has also stayed the operation of order dated September 06, 2007 passed by the Director General Prisons , Rajasthan, terminating the services of the respondent under Rule 19 of the Rajasthan Civil Services Classification, Control and Appeal Rules, 1958.
This appeal, by the State of Rajasthan, is directed against order dated November 05, 2007 passed by the High Court of Judicature for Rajasthan at Jaipur.
When his application for suspension of sentence came up for companysideration on September 10, 2007, the same was allowed and the sentence was suspended during the pendency of the appeal on his companyplying with certain companyditions imposed therein.
As numbered above, the services of the respondent, who had been suspended on November 16, 2005, were terminated on September 6, 2007.
The respondent challenged his companyviction and sentence by preferring Criminal Appeal No.
The High Court has also directed that the respondent shall be taken back in service forthwith.
1864/2008contd Hence, the appeal by the State.
Delay companydoned.
Leave granted.
1590 of 2007.
