D. S. SINHA, J. Heard Sri R. D. Agarwal, learned counsel for the petitioner. 2. The petitioner, who was a police Constable at Shahjahanpur, seeks to challenge the validity of the order dated llth October, 1994, a copy where of is Annexure T to the petition, whereby he has been dismissed from service following his conviction under Sections 307 and 302 of the Indian Penal Code in Session Trial No. 380 of 1992 leading to life sentence vide judgment and order dated 17th December, 1993 passed by the Additional Sessions Judge, Budaun. 3. Learned counsel for the petitioner contends that the impugned order is bad for following two reasons :- (a) because neither there was any inquiry held nor was the petitioner given any opportunity of being heard, and (b) because sentence of the petitioner having been suspended by this court vide its order dated 20th September, 1994 passed in Criminal Appeal No. 2230 of 1993, Ram Babu and others v. State, a photo copy whereof is Annexure 4 to the petition, the Senior Superin tendent of Police, Saharanpur could not order the dismissal of the petitioner. 4. Both the submissions of the learned counsel for the petitioner are devoid of substance and have ought to be rejected. 5. Relying upon the provisions of Article 311 (2) of the Constitution of India, the learned counsel for the petitioner submitted that the dismissal of the petitioner was "in violation of Article 311 of the Constitution of India. " 6. It is true that an inquiry, information of charges and giving of reasonable opportunity of being heard to a person who is a member of a civil service of the Union or an All-India service or a civil service of a State or holds a civil post under the Union or a State before dismissal or removal is guaranteed under Article 311 (2) of the Constitution of India. But while making the submission the learned counsel lost sight of the provisions con tained in clause (a) of the second proviso to clause (2) of Article 311 of the Constitution of India. Second proviso to clause (2) of Article 311 of the Constitution of India provides that clause (2) will not apply where a person is dismissed or removed or reduced in rank on the ground of conduct which has led to his conviction on a criminal charge. Second proviso to clause (2) of Article 311 of the Constitution of India provides that clause (2) will not apply where a person is dismissed or removed or reduced in rank on the ground of conduct which has led to his conviction on a criminal charge. It cannot be gainsaid that the dismissal of the petitioner has been ordered on the ground of conduct which has led to his conviction on criminal charges under Sections 307 and 302 of the Indian Penal Code, 1860. The constitutional guarantee envisaged in Article 311 (2) of the Constitution of India was, therefore, not available to to petitioner. 7. The Governor of Utter Pradesh, in exercise of porwers under sub-sections (2) and (3) of Section 46 read with Sections 2 and 7 of the Police Act, 1861 and all other powers enabling him in this behalf has made rules regulating the department proceedings, punishment and appeals of the Police Officers of the Subordinate ranks of Uttar Pradesh Force. These Rules are called the Uttar Pradesh, Police Officers of the Subordinate Ranks (Punish ment and Appeal) Rules, 1991, hereinafter called the rules. It is not dis puted that the Rules applied to the petitioner. Rule 8 of the Rules provides procedure for dimissal or removal from service of a Police Officer of Sub ordinate Ranks, below the rank of Deputy Superintendent of Police. Sub-Rule (2) of Rule 8 envisages that no Police Officer shall be dismissed, removed or reduced in rank except after proper inquiry and disciplinary proceedings as contemplated by the Rules. However, clauses (a), (b) and (c) of the Proviso to Rule 8 carve out certain exceptions. Clause (a) of the proviso postulates that where a person is dismissed or removed or reduced in rank on the ground of conduct which has led to his conviction on a criminal charge, the provisions contained in sub- rule (2) of Rule 8 would not apply. 8. Thus, it is absolutely clear that the petitioner was not entitled to any opportunity before passing of the dismissal order which is founded on the ground of conduct which has led to his conviction on criminal charges. The first contention of the learned counsel for the petitioner, therefore, fails. 9. 8. Thus, it is absolutely clear that the petitioner was not entitled to any opportunity before passing of the dismissal order which is founded on the ground of conduct which has led to his conviction on criminal charges. The first contention of the learned counsel for the petitioner, therefore, fails. 9. For the proper appreciation of second submission of the learned counsel, based on suspension of the sentence of the petitioner by this court, would be appropriate to notice the order dated 20th September, 1994 passed by this court on a Misc. Application in Criminal Appeal No. 2230 of 1993, Ram Babu and others v. State. The order reads thus :- "order on Misc. Application. Heard, This appeal has been filed by Ram Babu appellant and others. Hon. Mr. Justice Surya Prasad admitted the appeal, and issued notices and the appellants were ordered to be released on bail to the satisfaction of C. J. M. , Buduun. In this application the learned counsel for the appellant has alleged that in view of the provision of Section 389, Cr. P. C. the sentence may be ordered to be suspended in case the appellants furnishes the bonds as ordered on 21-12-1993. According to him, he has already furnished a bond and the appellants are on bail. Keeping in view the circumstances explained and in view of the order dated 21-12-1993, the sentence shall remain suspended if the com pliance of the order dated 21-12-1993 has been made. I order accordingly. This application stands disposed off. Sd/- S. C. Jain 20-9-94" 10. Suspension of sentence pending appeal by a convicted person is provided in Section 389 of the Code of Criminal Procedure, 1973, hereinafter called the code. Sub-sections (!) and (2) of Section 389 of the code read together, empower the High Court, for reasons to be recorded in writing, to suspend the execution of the sentence or order appealed against. These pro visions also empower the High Court to release the convict on bail or on his own bond, if he is in confinement. The High Court may exercise all the three powers, namely, power of suspension of the execution of sentence, power of suspension of the order appealed against and power of release of the convict on bail or on his own bond or may exercise any one or more of the three powers. The High Court may exercise all the three powers, namely, power of suspension of the execution of sentence, power of suspension of the order appealed against and power of release of the convict on bail or on his own bond or may exercise any one or more of the three powers. In the instant case, this Court, in the first instance, exercised the power of releasing the petitioner on bail as would be evident from the perusal of the order dated 21st December, 1993, a photo copy whereof is Annexure 3 to the petition, and thereafter it exercised the power of suspend ing the execution of the sentence against the petitioner vide order dated 20th September, 1994, quoted above. There cannot be any doubt that this Court did not execise its power under Section 389 of the Code to suspend the order dated 17th December, 1993 whereby the petitioner was convicted. Thus, the conviction of the petitioner under Sections 307 and 302 of the Indian Penal Code continues to be in operation and was at no point of time placed in jeopardy. 11. Conviction of the petitioner under Sections 307 and 302, I. P. C. could and has rightly been made the basis of his dismissal from service by the impugned order dated llth October, 1994. The impugned order is perfect and does not suffer from any such legal infirmity which may warrant interference by this Court in exercise of its special and extraordinary juris diction under Article 226 of the Constitution of India. 12. In the result, the petition fails and is hereby dismissed summarily. .