Kurian Joseph, J.

1. After the amendment to R.18 of the Kerala Civil Services (Classification Control and Appeal) Rules (hereinafter referred to as the Rules) by introducing a second proviso to the Rule, is the dismissal/removal from service of a Government servant. who is convicted on a criminal charge by a criminal court and sentenced to imprisonment and or with fine is automatic is the question to be decided in these cases.

2. The petitioner in the former case Sudheer, an employee under the Kerala State Road Transport Corporation, was convicted by the Judicial First Class Magistrate, Attingal on 1.10.2003 in C.C.340/1999 for an offence under S.498-A read with S.34 of the Indian Penal Code. He was sentenced to undergo simple imprisonment for one year and pay a fine of Rs. 5,000/- and in default to undergo simple imprisonment for another six months. Petitioner filed Criminal Appeal No.477/2003 before the Sessions Court, Trivandrum. By order dated 28.10.2003 in Crl. M. P. No. 2320/2003 the sentence was suspended. Thereafter the petitioner filed Crl. M.P. No. 383/2004 praying for suspension of the conviction. Petitioner submitted before the lower appellate court that unless th