JUDGMENT :

ASHWANI KUMAR MISHRA, J.

1. Petitioner substantively held the post of Assistant Development Officer, Panchayat and was posted at Agra. An order of dismissal came to be passed against him on account of his conviction in Sessions Trial No. 455 of 2008 (State vs. Murari Lal Rathore), vide judgment dated 31.10.2015. This order has been affirmed in departmental Appeal and Revision and is assailed in this writ petition primarily on the ground that there is no conscious application of mind on part of the disciplinary authority to the conduct of petitioner which led to his conviction.

2. Learned counsel for the petitioner places reliance upon the judgment of the Supreme Court in the case of Union of India vs. Tulsiram Patel, AIR 1985 SC 1416, as also judgment of this Court in Service Single No. 5907 of 2009. Reliance is also placed upon the judgment of Supreme Court in Divisional Personal Officer, Southern Railway vs. Chillappa, 1976 (3) SCC 190 to submit that the impugned orders are wholly unsustainable.

3. On behalf of respondents, reliance is placed upon Para-11 of a Division Bench Judgment of this Court in State of U.P. and Others vs. Prem Milan Tiwari Constable, 2015 (3) ADJ 40