Reinstatement can only occur if the criminal appeal results in acquittal, and dismissal for conviction under Section 302 IPC should not be stayed, even if there is a stay or bail order.

The petitioner was a Lecturer in a college and he has been convicted under Section 302 I. P. C. He was placed under suspension but surprisingly his suspension was revoked.

2. The learned counsel for the petitioner has submitted that the peti tioners appeal against his conviction is pending in High Court. In my opinion the petitioner can be reinstated |in [service only if his criminal appeal is allowed and not merely on stay order or bail order.

3. in Special Appeal No. 66 of 1993, decided on 17-8-1994 it has been held that the services of an employee can be terminated even if his criminal appeal is pending in High Court. The Supreme Court in 1995 (3) J. T. page 32 has held that even if there is a stay or bail order in a criminal appeal it is wholly irrelevant in respect of the dismissal for the conviction under Section 302 I. P. C. Thus the law on this point is very clear that even if the conviction under Section 302 has been stayed by the High Court, the dismissal should not be stayed. It is only if the criminal appeal is allowed and the petitioner is acquitted then he is entitled to be reinstated. It is surprisingly that the petitioner who has been convicted under Section 302 I. P. C. is praying fur reinstatement as a teacher in a college. What will be the fate of such a college and what influence will be on the mind of the students of that college can well be imagined. It is surprisingly that now-a days such persons are teachers. This court cannot think of a worse kind of practice.

4. With these observation, the writ petition is dismissed.

Petition dismissed.

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