HARBANS LAL, J. - (1.) BALBIR Singh petitioner has moved an application under Section 389 of Code of Criminal Procedure (for short, 'the Code') read with Section 482 of the Code for suspension of his conviction during the pendency of the revision petition on the ground that he is serving as a Science Master in Government Senior Secondary School, Kapoor Pind, Near Jandu Singha, District Jalandhar on regular basis. Earlier, on account of his conviction, he was placed under suspension. After his conviction, when he preferred an appeal, vide order dated 6.6.2007, his conviction was stayed by the learned Additional Sessions Judge, Jalandhar. After the dismissal of his appeal, the said order automatically goes. The petitioner now apprehends that in view of dismissal of his appeal, the department will dismiss him from service. The present offence does not fall within the ambit of moral turpitude. In these circumstances, his conviction be stayed during the pendency of the revision petition.
(2.) THE respondents have not filed reply to this application. On 1.2.2008, the learned counsel for respondent No. 2 stated that the petitioner has been dismissed from service. She was asked to produce copy of the dismissal order. The same has been filed. As per the Photostat copy of the order dated 21.12.2007, the petitioner stands dismissed from service.
(3.) I have heard Mr. R.S. Bajaj, Advocate, counsel for the petitioner, Mr. K.S. Pannu, Assistant Advocate General, Punjab, for the State as well as Ms J.J. Kaur, Advocate, counsel for respondent No. 2.;