J U D G M E N T

The petitioner is stated to be the injured/PW1 in C.C No.803 of 1997 in Crime No.149 of 97 before the Judicial First Class Magistrate Court-II, Cherthala, wherein the 4^th respondent was one of the accused. Offences under Sections 143, 147, 148, 447, 323, 324 and 326 read with Section 149 of the IPC were alleged against the 4^th respondent and as per Ext.P1 judgment of the Magistrate Court dated 07.11.2002, the 4^th respondent was convicted and sentenced to undergo imprisonment and fine. Though an appeal was preferred before the Additional Sessions Judge, Fast Track-II, Alappuzha, as Crl. Appeal No.357/2002 , the same was also dismissed, confirming the conviction and sentence. The 4^th respondent then filed Crl. R.P No.221/2005 before this Court, where no stay of the conviction was granted.

2. The petitioner relies on Ext.P3 Government Order, G.O(P)

No.26/98/P&ARD dated 27.08.1998, which says that when an employee is convicted by a Criminal Court and sentenced to undergo imprisonment and/or for a payment of fine, he will be dismissed or removed from service irrespective of the fact that an appeal is pending and execution of sentence is suspended by invoking the provision