( 1. ) IN this appeal preferred under Section 2 (1) of the Madhya Pradesh uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 the defensibility and justifiability of the order dated 3-12-2007 passed by the learned single Judge in W. P. No. 16086/07 (S) = 2008 (1) M. P. H. T. 418, is called in question.

( 2. ) THE facts which are essential to be enumerated for the purpose of this appeal are that the appellant-petitioner (hereinafter referred to as, the appellant), a Head Constable of Police, was convicted for offences punishable under Sections 498-A and 304-B read with Section 34 of the Indian Penal Code and under Section 3/4 of the Dowry Prohibition Act, 1961 and sentenced to suffer rigorous imprisonment for a period of 10 years and to pay a fine of rs. 500/ -. Being aggrieved by the judgment of conviction and order of sentence he preferred Criminal Appeal No. 528/07 wherein this Court by order dated 25-4-2007 had directed suspension of sentence and grant of bail. ( 3. ) DURING the pendency of the appeal the Disciplinary Authority by order dated 3-2-2007 taking note of the factum of conviction in respect of the aforesaid offences passed an order of removal from serv