ORDER :

1. Leave granted.

2. Aggrieved by the refusal of the Madhya Pradesh High Court to recall an order passed in a criminal revision filed by the respondent-herein, holding that the conviction of the respondent for an offence punishable under Section 498A of the Indian Penal Code, 1860, shall not affect the service career of the respondent adversely, the New India Assurance Company limited which is the employer of the respondent, has come up with the above appeal.

3. The respondent herein joined the services of the appellant, way back in the year 1985. The daughter-in-law of the respondent lodged a complaint in Criminal Complaint No.7534 of 2008 not only against the respondent’s son but also against the other family members including the respondent herein. The Court of the Judicial Magistrate First Class, Gwalior, by a Judgment dated 30.01.2012 convicted the respondent and imposed the sentence of rigorous imprisonment for a term of one year and a fine of Rs.1000/-.

4. The appeal filed by the respondent was dismissed by the 10th Additional Sessions Judge, Gwalior by a Judgment dated 5.06.2012. However, the criminal revision filed by the respondent in Cr.R.No.402 of 2012 was partly