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2002 Supreme(MP) 991

BHAWANI SINGH, RAJEEV GUPTA, S.L.JAIN
Jamna Prasad – Appellant
Versus
State of M. P. – Respondent


Advocates:
Parag Chaturvedi for petitioner; S.K. Seth, Addl. Advocate General
with Aditya Sanghi, Govt. Advocate for respondents.

JUDGMENT

Singh, C.J. -- 1. Petitioner was Assistant Teacher. He was placed under suspension on 16.2.1990 since he was arrested in a criminal case punishable under section 302 Indian Penal Code. He was convicted by Sessions Court on 27.1.1992 and sentenced for life imprisonment. Through appeal, he challenged the judgment which was decided by this Court on 4.3.1998. His appeal was partly allowed. He was convicted under section 326 Indian Penal Code and sentenced to seven years' rigorous imprisonment.

2. The petitioner is claiming subsistence allowance till 4.3.1998 when his appeal was decided. His submission is that his conviction could not be taken final until the disposal of the appeal. Therefore, he is to be under suspension and entitled to subsistence allowance. State Administrative Tribunal did not find favour with this claim and rejected O.A. No. 2099 of 1998 by order dated 12.10.1999. For rejecting the claim, SAT placed reliance on two Apex Court decisions in Deputy Director of Education v. S. Nagoor Meera (1995 SCC L & S, 686 = AIR 1995 SC 1364) and Union of India v. V.K. Bhaskar (1998 SCC L&S 162), though petitioner rested his Claim on order of this Court dated 19.7.1988 in

































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