ORDER :

CHEEKATI MANAVENDRANATH ROY, J.

1. Assailing the order dated 6.6.2019 of Chief General Manager/HRD whereunder the petitioner was dismissed from service on the ground that he was convicted in a criminal case, this writ petition is filed by the petitioner.

2. Facts germane to dispose of this writ petition may briefly be stated as follows:

(a) The petitioner was initially appointed as a helper by order dated 4.11.1993 in the Electricity Department. Thereafter he was promoted as AE/Operations and at present he is working as AE/Operations.

(b) There are family disputes between his younger brother Jampana Ramkrishnam Raju and his wife Rama Devi. Rama Devi lodged a report with I Town Police of Vijayawada alleging that her husband Ramkrishnam Raju, his parents and his brother, who is the petitioner herein, have been harassing her and subjecting her to cruelty. The said report was registered as a case in Crime No. 568/2008 for the offences punishable under Section 498-A, IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961. After completion of investigation, police filed charge-sheet against the above persons and they are shown as accused 1 to 4 in the said charge-sheet. The same was numbered as CC No. 729 of 2008 on the file of the II Additional Chief Metropolitan Magistrate, Vijayawada. The petitioner herein is accused No. 4 in the said criminal case. After completion of trial, accused 1, 2 and 4 who is the petitioner herein, were found guilty for the offence punishable under Section 498-A, IPC and accordingly they were convicted for the said offence and they were sentenced to undergo imprisonment for the said offence. The petitioner herein, who is accused No. 4, who was convicted for the offence under Section 498-A, IPC was sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 10,000/- and in default of payment of fine to undergo simple imprisonment for a period of two months for the offence under Section 498-A, IPC as per the judgment of the Trial Court dated 18.6.2016.

(c) Aggrieved by the said judgment of conviction, the petitioner alongwith the other accused preferred an appeal to the Sessions Court. The said appeal was also dismissed confirming the conviction and sentence imposed against the petitioner herein alongwith other accused by the Sessions Judge, Mahila Court, Vijayawada, by the judgment dated 11.10.2018. Aggrieved thereby, the petitioner preferred Crl. RC No. 2806 of 2018 to the High Court and this Court in IA No. 1 of 2018 in Crl. RC No. 2806 of 2018 suspended only the execution of sentence imposed against the petitioner in CC No. 729 of 2008 confirmed in Crl. Appeal No. 203 of 2016 and enlarged him on bail.

(d) As the petitioner was convicted in a criminal case by the Trial Court and the same was confirmed by the appellate Court and as the High Court suspended only the execution of sentence and the verdict of conviction against the petitioner is not stayed or suspended by the High Court, the Chief General Manager/HRD by the impugned order dated 6.6.2019 after examining the matter in terms of G.O. Ms. No. 2, GA (Ser-C) Department, dated 4.1.1999 as adopted by T.O.O. (Addl. Secy-Per) Ms. No. 214, dated 11.11.2002 and T.O.O. (GM(IR)-Per) Ms. No. 45, dated 22.5.2002, dismissed the petitioner (who is working as AE/O/Gudur) from APSPDCL service with immediate effect as penalty as he was convicted in a criminal case.

(e) Aggrieved by the impugned order of dismissal from service, the petitioner has filed this writ petition seeking declaration in the nature of writ of mandamus that the order dated 6.6.2019 dismissing him from service as illegal, arbitrary and unconstitutional on the ground that he was dismissed from service without issuing notice to him, he is not convicted in an offence involving moral turpitude and as the execution of sentence imposed against him was suspended by the High Court in Crl. RC No. 2806 of 2018, dated 12.10.2018 and thereby sought direction to the respo