Law:

Section:

Civil Service Rules (Punjab), Vol. I, Part I--R. 7.3 read with Government Servants (Efficiency and Discipline) Rules, 1973, r. 9(a) - Removal from service-Petitioner convicted and sentenced under S. 161., P. P. C. read with S. 5(2), Prevention of Corruption Act (II of 1947), given benefit of doubt and acquitted by High Court in appeal-Whether r. 7.3(a) of C. S. R. (Punjab), Vol. 1, Part 1 could be pressed into service by Department for upholding removal from service-Question raised purely of law and its application to facts of case requiring authoritative interpretation--Leave to appeal granted.-[Civil service]. ORDER SHAFI-UR-REHMAN, J.-The petitioner, formerly an Assistant in the Board of Revenue, seeks leave to appeal against the judgment of the Punjab Service Tribunal dated 15-2-1979 by which his appeal against removal from service was dismissed. 2. A trap was laid and the petitioner apprehended on 28-2-1974 when - a case was registered against him under section 161, P. P. C. read with section 5(2) of the Prevention of Corruption. Act. He was tried by the Special Judge Anti-Corruption, convicted and sentenced on 1-9-1976. The sentence imposed was one of imprisonment till the rising of the Court and a fine of Rs. 3,000 or in default, to undergo further six months' rigorous imprisonment. He appealed to the High Court. On his apprehension after the raid he was suspended from service and was first served with a show­ cause notice in the matter of sanction for prosecution. After his conviction was recorded by the Special Judge be was served with a show-cause notice against his dismissal from service. He submitted his reply and while his appeal against conviction and sentence was pending in the High Court the Board of Revenue by an order dated 11-4-1977 removed him from service. The finding recorded by the Member, Board of Revenue, was to the following effect: " "Although he has filed an appeal against his conviction before the High Court and the outcome of this appeal is not yet known, the departmental action against him does not have to be stayed until the decision on his appeal becomes available. The High Court has not granted any stay order against the…

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