G. C. Bharuka, J. - This writ application has been filed by the petitioner for quashing of the order dated 16th October, 1992 passed by the District Superintendent of Education, Siwan (Annexure-1) by which he has been dismissed from service because of his conviction in a murder case leading to 14 years rigorous imprisonment.

2. According to the petitioner he is an Assistant teacher in Middle School, Gaighat in the district of Siwan. The petitioner alongwith some other accused persons was put on trial in a criminal case instituted under sections 147/148/149/323/324/302 of the India Penal Code. After trial the 3rd Additional Sessions Judge, Siwan by his judgment and order dated 31.3.1992 in S. Tr. No. 281 of 1982 alongwith the others, convicted the petitioner under sections 304/148 of the Indian Penal Code awarding 14 years and 2 years R. I. respectively. The petitioner has preferred an appeal before this Court being Cr. Appeal No. 44 of 1992, which has been admitted on 12.5.1992 and the petitioner has been directed to be released on bail. It is because of the said conviction that the impugned order of dismissal has been passed.

3. Learned counsel for the petitioner has assaile