Judgment

S.P. Bharucha, J.-The respondent has been served but has not put in an appearance.

2. The appellant was convicted of an offence under Section 408 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for a term of two years and to pay a fine of Rs. 1,000/-. In appeal, the Sessions Court upheld the conviction but set aside the sentence and directed that the appellant be released on probation under Section 4(1) of the Probation of Offenders Act, 1958 on his entering a bond for good conduct in the sum of Rs. 5,000/- and furnishing a surety for the like amount.

3. By reason of the appellant’s conviction, the respondent, in whose employ the appellant was, dismissed him from Government service. The dismissal was challenged by the appellant in a writ petition filed before the High Court of Punjab and Haryana. By the order dated 25th March, 1985, which is under appeal, the writ petition was summarily dismissed.

4. Learned counsel for the appellant submitted that the conviction could not have been taken into account for the purposes of removing the appellant from Government service by reason of the provisions of Section 12 of the Probation of Offenders Act, 1958, the