IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH LPA No. 1909 of 2011 Date of decision: 13.10.2011 Satbir Singh ..Appellant Versus State of Haryana and Ors. ..Respondents CORAM:HON'BLE MR. JUSTICE PERMOD KOHLI HON'BLE MR. JUSTICE TEJINDER SINGH DHINDSA Present: Mr. Vivek Khatri, Advocate for the appellant. **** PERMOD KOHLI, J.(ORAL) The appellant was serving as Diesel Pump Clerk in the office of General Manager, Haryana Roadways, Jind. An FIR No. 25 was registered against him on 1.5.2009 under Sections 7, 13, 49/88 of the Prevention of Corruption Act, relating to P.S. SVB Hisar for accepting illegal gratification of a sum of Rs. 25,000/-. Charge sheet was produced before the Special Judge, Jind under the Prevention of Corruption Act, 1988. Vide judgment dated 14.1.2011, the appellant was convicted and sentenced to undergo impisonment for the period of one month and 2 years respectively for the abovesaid offences and an appeal preferred by the appellant against this order stands admitted before this Court. Consequent upon his conviction and sentence, the appellant was ordered to be dismissed from service vide order dated 24.3.2011 passed by Director General, State Transport, Haryana. Grievance of the appellant is that dismissal merely on the basis of conviction is unsustainable. Submission is that the authorities must consider whether any lesser punishment would suffice and to meet the ends of LPA No. 1909 of 2011 -2- justice. Appellant accordingly challenged his dismissal in CWP No. 6744 of 2011. This petition has been dismissed by Learned Single Judge vide in impugned order dated 26.9.2011. The present appeal is directed against the aforesaid order. It is not in dispute that the appellant's appeal against his conviction and sentence by the criminal Court is pending before this Court. He has been convicted for a serious offence of corruption under the circumstances we are of the opinion that it is not desirable to interefere in the order of dismissal at this stage. However, we grant the liberty to the appellant to approach this Court a fresh in the event of his acquittal by the High Court in criminal appeal and the order of learned Single Judge shall not be an impediment to seek relief under changed situation. With above observation, this appeal is dismissed. (PERMOD KOHLI) JUDGE (TEJINDER SINGH DHINDSA) October 13, 2011 JUDGE Poonam (II)