Law:

Section:

Civil service- -- Conviction of civil servant-Dismissal pending appeal in High Court-Held, a person once convicted shall have to be dismissed from service unless and until main is suspended by Court of appeal-Mere admission of appeal for regular hearing, held further, does not suspend automatically. PLJ 1975 Tr.C 3 ref. Muhammad Saeed v, Member (Rev.), Board of Revenue, Punjab and another No. 40/38/1983 fol. Ch. Muhammad Tufail for Appellant. Date of hearing : 15th March, 1984. JUDGMENT ABDUL HAMID CHAUDHRY (MEMBER) -Muhammad Babu Khan, Ex­-Patwari, has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974, wherein he has impleaded the Commissioner, Gujranwala Division, Gujranwala, the Deputy Commissioner, Sialkot and the Assistant Commissioner, Sub-Division, Shakargarh, District Sialkot as respondents. 2. By virtue of this appeal, the appellant has prayed that the impugned order, dated 6th February, 1984 passed by the respondents whereby the appellant has been dismissed from the service be set aside, quashed according to law and be declared to have never been passed. 3. The appeal is still at the preliminary stage of hearing. 4. Brief facts of the case are that the appellant is a Patwari who was convicted in a Case No. 135 of 1976 under section 409, P. P. C. by the Special Judge, Anti-Corruption on 23rd October, 1978 and was awarded sentence for one year. His appeal against the conviction order is awaiting adjudication in the Lahore High Court to Criminal Appeal No. 825 of 1978 and he is on bail. The Assistant Commissioner/Collector, Sharkargarh, Sialkot District, vide his order, dated 15th October, 1980 dismissed the appellant from service on account of his conviction. However, the appellant filed an appeal to the Commissioner, Lahore Division, Lahore. This order of the A. C./Collector, Shakargarh was set aside by the Commissioner. Lahore Division, Lahore vide his order, dated 15th November, 1980. Lately the appellant has been again dismissed vide Commissioner, Gujranwala Division/Deputy Commissioner, Sialkot letter No. S. K. B. C./181, dated 6th February, 1984 which has been conveyed by the Assistant Commissioner, Shakargarh vide his…

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