Neutral Citation No. - 2025:AHC:51405 Court No. - 4 Case :- WRIT - A No. - 2536 of 2024 Petitioner :- Raj Kumar Yadav Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Chandra Bhushan Yadav,O.P.S. Rathore Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. Heard Sri Chandra Bhushan Yadav, learned counsel for the petitioner and learned Standing Counsel for the State respondents. By means of this petition filed under Article 226 of the Constitution, petitioner has assailed the order dated 5th November, 2012 terminating the services of the petitioner merely on the basis of conviction in a criminal case being Sessions Trial No.- 01 of 2002 arising out of chargesheet being RC No.- 18(S)/93 under Section 120B, 302, 364 and 218 of the erstwhile Indian Panel Code and the order dated 26th February, 2014 passed by the respondent No.- 4. The submission advanced by learned counsel for the petitioner is that order impugned has come to be passed without giving any notice much less a show cause notice to the petitioner. It is submitted that even though petitioner's conviction has been upheld by the Division Bench of this Court in Criminal Appeal No.- 1575 of 2012 but upon appeal being preferred being Criminal Appeal No.- 881-882 of 2021 before the Supreme Court, he has been enlarged on bail vide order dated 21st March, 2023. Learned counsel for the petitioner submits that in the matter of dismissal from service even in cases of conviction in a criminal trail, the authorities are required to take an action in tune with the principles enshrined under Article 311(2) of the Constitution. Learned counsel for the petitioner has relied upon the judgment of this Court in the case of Madho Saran Shukla v. State of U.P. and others passed in Writ – A No.- 359 of 2021 decided on 30th October, 2023 and also another judgment of a coordinate Bench of this Court in the case of Vishwanath Vishwakarma v. State of U.P. and others being Writ – A No.- 4422 of 2015 decided on 18th September, 2023. It is also argued that another co-accused namely Dhirendra Singh Yadav has filed a writ petition being Writ – A No.- 18987 of 2023, Dhirendra Singh Yadav v. State of U.P. and others decided on 27th February, 2025, in which order of dismissal from service stood set aside following the judgment of Vishwanath Vishwakarma (supra) in matter of Learned Standing Counsel appearing for the State respondents could not dispute that no notice much less a show cause notice was issued to the petitioner prior to passing the order impugned and pleads that the matter can be remitted to the authority to take an appropriate decision afresh in the matter by following the procedure prescribed for in the light of the judgment of this Court in Madho Saran Shukla (supra). In view of the above, petition succeeds and is allowed. The order of dismissing the petitioner from service dated 5th November, 2012 as well as order dated 26th February, 2014 is hereby quashed. Liberty rests with the respondents to proceed afresh in accordance with law. Order Date :- 8.4.2025 Atmesh Digitally signed by :- ATMESH KESARI High Court of Judicature at Allahabad Digitally signed by :- ATMESH KESARI High Court of Judicature at Allahabad