Heard learned counsel for the Petitioners and the Respondents.

2. Petitioners are aggrieved by the order dated 2.7.2005, passed by the Assistant Divisional Engineer, East Central Railway, Annexure-3, who resorting to the powers contained in Rule 17 of the Railway Servants (DAR) Rules 1968, has dismissed them as they have been convicted for the offences under Sections 147, 323, 325, 307 and 149 of the Indian Penal Code.

3. Learned counsel for the petitioners assails the said order on the ground that the appeal against the conviction referred to in the impugned order has already been filed vide Cr. Appeal No. 329 of 2005 in which under order dated 22.6.2005 this Court had admitted the petitioners to the privilege of bail and according to the learned counsel once the petitioners have been admitted to the privilege of bail and the appeal is kept pending for final hearing, conviction had not attained finality and ought not to have been relied upon to dismiss them from service. In this connection he relies on the judgment of a Single Judge of this Court in the case of Ram Nandan Prasad Vs. The State of Bihar & Others reported in 1995 (1) PLJR 399.

i. .

. . 4. On the other hand, Sri Bhup