Proposal for dismissal of service by the employer

A government employee convicted by the court for an offence. Taken into judicial custody. Bail granted, sentence suspended, appeal pending before the High Court. Employer issued suspension order followed by show cause notice proposing to dismiss. Prior to conviction, he was under suspension and was receiving subsistance allowance. Whether an employer can impose major penalty dismissing his service while appeal is pending and sentence suspended by the Court? please advice.