JUDGMENT : 1. We heard counsel for the parties. As the respondent was dismissed from service on being convicted for an offence under section 161 I.P.C. and under section 5 (2) (1) of the Prevention of Corruption Act, he could be straightaway dismissed under proviso 2 (a) of Article 311 of the Constitution. In these circumstances, therefore, even if the High Court wanted to examine the merits of the Writ Petition, this was not a proper case where the order of dismissal should have been suspended. We, therefore, allow this appeal, set aside the order of High Court suspending the order of dismissal. In the circumstances of the case, there will be no order as to costs.