Ranjit Singh, J.

1. A person convicted of at criminal offence can certainly be dismissed from service on account of such conviction. The issue, however, in the present writ petition is slightly different and it relates to the power of the authorities to dismiss a person on account of his conviction for a criminal charge, which is stayed by a court of competent jurisdiction after the order of dismissal has been passed. Is it that the conviction for each and every offence should lead to dismissal or that nature of offence alleged is to be considered while passing any such order is another question arising in this case.

2. The petitioner was serving in the Health Department as a Ward servant at Civil Hospital, Ambala. He was sentenced to undergo two years RI for his conviction for an offence under Section 323 IPC and similar sentence for conviction under Section 452 IPC coupled with fine of Rs.500/-. In default of payment of fine, the petitioner was required to undergo five months imprisonment in addition. The petitioner challenged his conviction and sentence by filing a criminal appeal before this court on 20.4.2006. This Honble Court was pleased to suspend the sentence on.28