ORDER :

This petition under Article 226 of Constitution of India has been filed against the order dated 08.06.2023 by which petitioner has been dismissed from service on the ground that he has been convicted for offence under Sections 420, 409/120B, 109 of IPC and under Section 6 of Madhya Pradesh Nikshepakon Ke Hiton Ka Sanrakshan. Adhiniyam, 2000 and has been sentenced to undergo R.I. for 5 years and fine of Rs.5000/-, in default 5 months R.I.

2. It is submitted by counsel for petitioner that after his conviction i.e. by judgment dated 28th of April, 2023 passed in S.T. No. 200074/2014, he was sent to jail but by order dated 22.09.2023 passed in Criminal Appeal No. 6444/2023, his sentence has been suspended. Therefore, he filed an application on 05.10.2023 for his reinstatement on the ground that his sentence has been suspended but no heed has been paid. Accordingly, it is submitted that the order dated 08.06.2023 (Annexure-P/3) be quashed or in the alternative, respondent No. 4 be directed to decide his representation dated 05.10.2023.

3. Per contra, the petition is vehemently