AVTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) (oral)

(2.) PETITIONER has filed this writ petition with a prayer to issue a writ of certiorari to quash order dated October 11, 2005, vide which he was put under suspension and also to quash order dated March 1, 2006, vide which his appeal was dismissed. Perusal of record indicates that the petitioner was suspended on account of his conviction in a criminal case. Counsel for the petitioner states that before his appeal was dismissed vide order under challenge, his criminal appeal against his conviction was admitted. Sentence was suspended and he was also enlarged on bail. Counsel further states that this fact had been brought to the notice of the appellate authorities before passing the order under challenge. A reading of the order (Annexure P-5) indicates that the appellate authority has not looked into this aspect of the matter while dismissing appeal of the petitioner. Faced with this situation, Shri Chhina states that the order passed by the appellate authority may be set aside and the matter be remitted to the said authority to decide the appeal of the petitioner afresh. In view of very fair stand taken, this writ petition is allowed to the limited extent of setting aside order (Annexure P-5). Matter is remitted to the appellate authority to decide it afresh by taking note of the order, passed by this Court in appeal, filed by the petitioner. Parties are directed to appear before the appellate authority on August 31, 2006.