JUDGMENT :

1. Heard Mr. S Borthakur, learned counsel for the petitioner. Also heard Mr. RM Das, learned standing counsel appearing on behalf of respondent Union of India.

2. The petitioner is aggrieved by an order dated 26.08.2013 whereby the petitioner was dismissed from service in exercise of power under sub clause (2)(a) of the Article 311 of the Constitution of India on the ground that the petitioner has been convicted under section 306/34 IPC by the learned Additional Sessions Judge, Nagaon and was sentenced to undergo rigorous imprisonment of 7 (seven) years with fine of Rs.10,000/-in default to simple imprisonment of 6 months.

3. Subsequently on an appeal being preferred, the said conviction and sentence was modified and the appellate court acquitted petitioner from the charges of offence under Section 306 IPC and convicted the petitioner under section 498 A IPC and was sentenced him to undergo RI for one year.

4. In the aforesaid backdrop, the petitioner preferred a representation before his employer with a request to recall the order of dismissal. Such representation according to Mr. S Borthakur is still pending for consideration.

5. Mr. S Borthakur learned counsel for the peti