S. NAINAR SUNDARAM, J.

( 1 ) THE respondents in Special Civil application No. 3011 of 1989 are the appellants in this Letters Patent Appeal. The petitioner in the Special Civil Application is the respondent in this Letters patent Appeal. Convenience suggests that we shall refer to the parties as per their array in the Special Civil Application.

( 2 ) THE petitioner was serving as a Sepoy in Ahmedabad Central Jail. On 21-4-1989 the petitioner was dismissed from service taking note of his conviction in a murder case by the Fourth Additional Sessions Judge, azamgarh, Uttar Pradesh. As against the conviction, the petitioner has preferred an appeal before the High Court of Allahabad and the same was pending at the time when the Special Civil Application was disposed of by the learned single Judge and we are told that the appeal is, even as on date, pending. Here itself we must note that though in the order of dismissal dated 21-4-1989, the rule quoted is "rule 8 of the Gujarat Civil services (Discipline and Appeal) Rules, 1971", hereinafter referred to as "the rules" - this quoting of Rule 8 is obviously and admittedly a mistake because that rule merely sets down the Authorities to insti

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