IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.19193 of 2009 (O&M) Decided on : 23-03-2011 Mukesh Sharma ....Petitioner VERSUS State of Haryana and another ....Respondents CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER Present:- Mr. Ramesh Sharma , Advocate for the petitioner Mr. Harish Rathee, Sr. DAG, Haryana MAHESH GROVER, J The facts reveal that the conviction of the petitioner was stayed by the Appellate Court in March, 2009. The impugned order has been passed dismissing the petitioner and one of the reasons which have weighed with the disciplinary authority is the fact that the petitioner has been convicted. Pursuant to the disciplinary inquiry proceedings, the petitioner has already suffered the punishment awarded to him in the year 2005. Since his conviction has been stayed and the appeal is still pending, I am of the considered opinion that the impugned order is unsustainable in view of the aforesaid facts. Consequently, the same is set aside. However, the authority concerned shall be free to pass a fresh order after the decision of the appeal which is stated to be pending before the Court of competent jurisdiction. Disposed of. March 23, 2011 (Mahesh Grover) rekha Judge