JUDGMENT :

Uday Umesh Lalit, J.

1. Leave granted.

2. The appellants seek to challenge the judgment and order dated 25.08.2014 of the High Court of Punjab and Haryana at Chandigarh passed in LPA No.1353 of 2014 (OM), affirming the view taken by the Single Judge of the High Court on 22.01.2014 in CWP No.14998 of 2007.

3. One Dharam Singh (since deceased and represented by his widow, the respondent herein) was working as JBT teacher in Education Department in State of Haryana since 07.10.1967. He and two others were convicted under Section 304 Part-II IPC vide judgment and order passed by the trial court on 29.10.1994 and were sentenced to undergo rigorous imprisonment for four years. On the basis of said conviction and sentence, Dharam Singh was dismissed from service, without holding any enquiry, vide order dated 28.03.1995 on the ground that he was convicted and sentenced for an offence involving moral turpitude.

4. While the appeal preferred against the judgment of conviction and sentence was pending, Dharam Singh expired on 11.12.2002 and his appeal abated. Subsequently the appeal of the co-accused was partly allowed and they were acquitted of the offence under Section 304 Part II IPC