( 1 ) THIS appeal has been preferred against the Judgment and order dated 2. 12. 1997 of a learned single Judge by which Writ Petition No. 40279 of 1997 filed by the appellant was dismissed.

( 2 ) THE appellant was a Head Constable. He was prosecuted under Sections 302/504, IPC in Case crime No. 25 of 1988 and was ultimately convicted by the Sessions Judge (Spl. Judgd), Lalitpur, by the judgment and order dated 7. 3. 1994 under Section 304, Part I, IPC was sentenced to ten years R. 1. in S. T. No. 34 of 1990. The Suptd. of Police, Hamirpur by his order dated 21. 6. 1994 dismissed the appellant from service on account of his conviction in a criminal case. The writ petition was filed challenging dismissal from service.

( 3 ) WE have heard Sri K. P. Agrawal for the appellant and learned Standing Counsel for the respondents.

( 4 ) AT the outset, it may be pointed out that the appellant (writ petitioner) had filed Writ Petition no. 20882 of 1994 challenging the order dated 21. 6. 1994 by which he has been dismissed from service. This writ petition was dismissed and, thereafter, he preferred Special Appeal No. 766 of 1994 and the said appeal is still pending for hearing.