- (1.) This petition challenges order of dismissal of the petitioner (Annexure P -3).
(2.) Case of the petitioner is that he was appointed as J.E. -II in the year 1992 with Punjab State Electricity Board. He was convicted under Prevention of Corruption Act, 1988 by the Special Judge, Rupnagar on 13.4.2007 and awarded Rigorous Imprisonment for two years and six months against which, an appeal is pending in this Court.
(3.) Challenge to the order of dismissal is on the following grounds: (i) The order of conviction is not final as appeal is pending. (ii) The order has been passed without application of mind. (iii) The order has not been passed by the competent authority. Re. (i): In support of the first point, learned Counsel for the petitioner relies upon judgments of this Court in Jagtar Singh v/s. The State of Punjab and Anr., 1989 (5) SLR 109 and Kulwant Singh v/s. The Deputy District Primary Education Officer, Gurdaspur and Anr., 1997(1) SLR 403. He has also relied upon a news item (Annexure P -4) with regard to the case of Ms. Jayalalitha, who was appointed Chief Minister, though convicted, appeal against conviction being pending.;