ORDER Saad Saood Jan (Chairman).--The appellant is a Patwari and has been convicted by a Special Judge on a charge of corruption. He has filed an appeal against his conviction and sentence which is pending in the High Court. While admitting the appeal to regular hearing the High Court has suspended the operation of his sentence.
2. On the basis of this conviction the Additional Deputy Commissioner, Sbeikhupura dismissed the appellant from service. The appellant preferred an appeal to the Commissioner who set aside the order of dismissal but directed that the competent authority would be at liberty to observe necessary formalities as provided in the Government Servants (Efficiency & Discipline) Rules, 1960 and take action under rule 6-B ibid, if necessary. Against this order the appellant has come to this Tribunal. The only contention raised on behalf of the appellant is that the com* petent authority should wait for the decision in the appeal which he has filed against his conviction in the High Court before proceeding under rule 6*B, Government Servants (E & D) Rules, 1960. In support of this contention our attention has been drawn to a letter issued by the Government of the Punjab in the S & G A Department dated 9-6- 1973. The purport of this letter appears to be that a Government servant should not be dismissed from service immediately after his conviction on a criminal charge but that the decision in the first appeal which he may prefer against his conviction ought to be awaited. We have gone through the order of the Commissioner and it is clear to us that this is exactly what he has directed. In fact he has referred to the letter in quetion and has in setting aside the order of dismissal acted upon the instructions contained therein. Thus the Commissioner has shouly done what the appellant wants this Tribunal to do for him. We do not find any merit in this appeal which is hereby dismissed in limine.