Hon’ble Vikram Nath, J.—This special appeal has been filed by the employer under Chapter VIII Rule 5 of the Rules of the Court against the judgment of the learned single Judge dated 23.04.1999 passed in Writ Petition No. 17362 of 1999, whereby the writ petition of the respondent was allowed and the appellant was directed to initiate disciplinary inquiry and after giving opportunity of hearing to the respondent to complete the said inquiry in accordance with the relevant rules within a period of 3 months from the receipt of certified copy of the judgment.

2. The respondent was working as driver in the U.P. State Road Transport Corporation (in short referred to as the Corporation) and was posted in the Jhansi Region. Pursuant to the involvement of the respondent in Case Crime No. 550 of 1996, under Section 376/34, IPC, and Section 3 (1) and (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, he was suspended on 8th February, 1996. After the trial in the aforesaid criminal case the respondent was convicted and sentenced to undergo life imprisonment vide judgment dated 21.8.1998 by the Sessions Judge, Hamirpur in Special Case No. 90 of 1996. The respondent filed an appeal before this Court against his conviction and sentence, which was registered as Criminal Appeal No. 1626 of 1998. The appeal was admitted on 9.9.1998 and further vide order dated 2.11.1998 the respondent was directed to be released on bail and the realization of the fine was stayed. Further vide order dated 20.4.1999 this Court suspended the judgment and order dated 21.8.1998 passed by the Sessions Judge.

3. After the conviction of the respondent and the bail having been granted by the High Court on 2.11.1998, the Regional Manager issued a show cause notice dated 13.11.1998 calling upon the respondent to show cause why he may not be removed from service after forfeiting the balance salary of the period of suspension. The respondent vide his reply dated 19.12.1998 informed the Regional Manager that the appeal against conviction has been admitted in the High Court and that he has been granted bail and further that he had been falsely implicated in the criminal case by the police of Harpalpur Police Station as he had objected to the travelling of the police officials of the said Police Station without ticket. He also stated that another bus of the Corporation bearing No. 9146 was being towed by his bus and it was in the said bus that the alleged offence was said to have taken place. He denied of his involvement in the criminal case and prayed that the notice may be withdrawn. The Regional Manager vide order dated 31.12.1998 dismissed the respondent from service after forfeiting the balance salary of the period of suspension only on the ground of conviction in the criminal case. Aggrieved by the same the respondent filed Writ Petition No. 17362 of 1999, which was allowed vide judgment dated 23.4.1999, which is impugned in this special appeal.

4. We have heard Sri Rahul Anand Gaur learned Counsel for the appellant and Sri Vivek Shandilya learned Counsel for the respondent and have also perused the record of the appeal as well as the writ petition.

5. The contention of the appellant is that under the service rules applicable to the respondent, upon conviction in a criminal case the orders of dismissal could be passed after a show cause notice, and no detailed departmental proceeding were required to be held. Learned Counsel has referred to U.P. State Road Transport Corporation Employees Service Regulations, 1981 (in short Regulations), which is admitted to the parties to be the relevant service regulations. Regulation 29 of the Regulations provide that unless otherwise agreed upon in writing by regular employee and the Corporation such employee may resign or his services may be terminated upon giving of 3 months notice without assigning any reason by either side.

6. Regulation 62 of the Regulations spell out the acts of omission an