IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 725  OF 2008

[Arising out of SLP(Crl.) No. 4569/2006]

UNION OF INDIA ... APPELLANT(S)

:VERSUS:

SUMER DAN AND ANR. ... RESPONDENT(S)

O R D E R

Leave granted.

This appeal is directed against a judgment and order dated 28.4.2006 of the

High Court whereby and whereunder the order of conviction passed as against the

respondent No.1 was directed to remain suspended till 31.7.2006.   

It  appears  that  after  the  order  of  conviction  dated  21.12.2005  and  the

impugned order of the High Court dated 28.4.2006 was passed, the first respondent

had applied for voluntary retirement from 5.5.2006. However, having regard to the

order of conviction, the respondent No.1 has been dismissed from service on 9.5.2006.

-2-

Having heard Mr. A. Sharan, learned Additional Solicitor General and Mr.

Francis,  learned  counsel  appearing  on  behalf  of  respondent  No.1,  we  are  of  the

opinion that in the facts and circumstances of this case, it is not necessary for us to go

into  the  correctness  or  otherwise  of  the  impugned order  as the main purpose  for

which the special  leave petition was  filed was  for obtaining  a protection from the

order of dismissal from service passed as against respondent No.1.  As the said order

of  dismissal  has  to  be  challenged  in  an  appropriate  proceedings  by  the  first

respondent on its own merit, we are not inclined to make any observation in relation

thereto.  Furthermore, as the impugned order was passed on 28.4.2006, we are of the

opinion that interest of justice would be subserved if, keeping in view the passage of

time,  the  High  Court  is  requested  to  dispose  of  the  criminal  appeal  itself   as

expeditiously as possible, preferably within a period of three months from the date of

receipt of a copy of this order and we do so.  

The appeal is disposed of with the aforementioned observation.

...........................J (S.B. SINHA)

...........................J   (MUKUNDAKAM SHARMA)    NEW DELHI, APRIL 16, 2008.