The only issue that we are required to consider is whether, notwithstanding the proviso to Rule 11(1) of the Delhi Police (Punishment and Appeal) Rules, 1980 (for short the Rules) a police officer can be dismissed or removed from service during the pendency of a first appeal against an order of conviction and sentence.

2. With the consent of learned counsel for the parties, we heard submissions on this issue arising out of O.A. No.544/2006 decided by the Central Administrative Tribunal, Principal Bench, New Delhi on 9th March, 2007 in a batch of connected original applications. It was agreed that WP(C) No.1044/2008 be treated as the main case.

3. For facility of reference Rule 11(1) of the Rules and its proviso read as follows:- “11. Punishment on judicial conviction.- (1) When a report is received from an official source, e.g. a court or the prosecution agency, that a subordinate rank has been convicted in a criminal court of an offence, involving moral turpitude or on charge of disorderly conduct in a state of drunkenness or in any criminal case, the disciplinary authority shall consider the nature and gravity of the offence and if in its opinion that the offe