JUDGMENT Rekha Sharma, J. (Oral)- The petitioner is aggrieved by the order of the respondent dated 8th January, 2007 placing him under deemed .suspension by resorting to Rule 10(2)(b) of CCS (CCA) Rules, 1965 on the ground that a criminal case filed by the Anti-Corruption Branch. GNCTD against him vide FIR No. 45/98, has culminated in his conviction and sentence on 28.11.2006. 2. According to learned Counsel for the petitioner, the said Rule has no applicability to the facts of his case. It would have applied only if he had been kept in custody for a period exceeding 48 hours with effect from the date of his conviction. It is submitted that the petitioner was never sent to imprisonment. After conviction his sentence was suspended by the trial Court and the order of suspension was confirmed in appeal by the High Court. Reference in this regard has been made to the explanation to Section 10(2) of CCS (CCA) Rules where it is laid down that the period of 48 hours shall be computed from the commencement of the imprisonment after the conviction. 3. Learned Counsel for the respondent on being confronted with the aforesaid rule, has found it difficult to defend the action of the respondent. He. however, has taken refuge under Rule 23 of the CCS (CCA) Rules which provides that any Government servant, aggrieved against an order passed under Rule to, shall prefer an appeal against any such order. Admittedly, the petitioner preferred no such appeal. 4. Having considered the rival submissions, I direct the respondent to treat the present writ petition as an appeal under Rule 23 and to pass an order keeping in view the provisions of Rule 10(2)(b) of the CCS (CCA) Rules. In the light of what has been noticed by me, the order dated 8.1.2007 cannot be sustained and the same is, therefore, set aside. 5. The writ petition is disposed of accordingly. Writ Petition disposed of.