Law:

Section:

Civil service- -- Dismissal-Civil servant convicted on charge of corruption­-Dismissed from service while appeal against conviction pending before High Court-Held : Government set ant once convicted by Court of competent jurisdiction will be considered convict for all purposes and would not be; entitled to remain in service till acquitted by appellate authority. Muhammad Saeed v. Board of Revenue, (decided on 14th June, 1983 by Punjab Service Tribunal) ref. Ch. Mushtaq Masood for Appellant. A. G. Humayun, District Attorney for Respondents. JUDGMENT S. ABDUL JARBAR KHAN (CHAIRMAN).--The appellant has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974 in which he has impleaded the respondents as mentioned above. 2. By virtue of this appeal the appellant has prayed that the Memo. No. 13 B-1/103/M, dated 5th January, 1984 issued by the Commissioner, Gujranwala and the consequential dismissal order, dated 11th February, 1984 passed by the Deputy Commissioner, Gujranwala, are illegal, without lawful authority which may kindly be set aside and the appellant be rein stated in service. 3. The appeal is still at the stage of preliminary hearing. 4. We have heard the learned counsel for the appellant at length who has submitted that the appellant was convicted under sections 420/457/468, P. P. C. and 5 (2) 47 of the P. C. A. and sentenced to three years' R. I. and a fine of Rs. 3,000 in default whereof to undergo six months' R. I. by the Special Judge, Anti-Corruption, Punjab, Lahore, vide his order dated 28th August, 1980. According to the learned counsel for the appellant, the appellant filed an appeal against the above order before the Lahore High Court which finally came up for hearing before his Lordship Mr. Justice M. Habibullah on 6th October, 1980. The appeal was admitted and the appellant was granted bail. It was further submitted that the appellant resumed his duties and got the arrears of his pay for the period the appellant remained behind the bars. Appellant's counsel further sub­mitted that the Commissioner Gujranwala vide order, dated 5th January, 1984 directed the Deputy Commissioner Gujranwala that the Patwaris and other officials…

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