( 1 ) THIS Writ Petition is by a Sub-Inspector of Police who has been dismissed from service on the basis of the conduct which has led to his conviction, on a criminal charge under Section 353 of the Indian Penal Code.

( 2 ) THE facts of the case are as follows:--While the petitioner was working as Sub-Inspector of police at Mangalore a criminal case was filed against him on a charge under Section 353 IPC. , that he assaulted a police constable who was discharging his public duty. By his order dated 23-3-82 the Learned Judicial Magistrate First Class (II Court) Mangalore, held the petitioner guilty of the charge levelled against him and imposed the penalty of Rigorous Imprisonment for a period of three months. Aggrieved by the said conviction and sentence the petitioner preferred an appeal before the Sessions Judge, Dakshina Kannada at Mangalore in Cr. A. No. 27/82 on 29-3-82. The Learned Sessions Judge, in exercise of the powers under Section 389 (1) of the cr. P. C. suspended the execution of the sentence. The operative portion of the order reads :

"sentence suspended on the appellants (each of them) executing a bond in a sum of Rs. 5,000/with one surety for the l