UNION OF INDIA Vs. V K BHASKAR

JUDGEMENT

(1.) The respondent was employed as Upper Division Clerk in the Delhi administration. He was prosecuted for offences under Section 120-B read with S. 409 and 477-A Indian Penal Code and Section 5 (1 (c) read with Section 5 (2 of the Prevention of Corruption Act, 1947. The Special Judge, Jalandhar, by judgment dated 17/5/1985 convicted the respondent for the said offences and sentenced him to undergo rigorous imprisonment for one year and to pay a fine of Rs. 500. 00 and on default in the payment of fine to undergo rigorous imprisonment for a further period of six months. The respondent has filed an appeal in the High court of Punjab and Haryana against his conviction and sentence for the said offences under the said judgment dated 17/5/1985. During the pendency of the said appeal, an order dated 20/11/1986 was passed by the Superintending Engineer, PWD Circle No. V (DA) , New Delhi, whereby the respondent was dismissed from service with effect from 22-11 - 1986. The said order was passed under Rule 19 (i) of the central Civil services (Classification, Control and Appeal) Rules, 1965, (hereinafter referred to as "the Rules"). Feeling aggrieved by the said order, the respondent filed an application (OA No. 1184 of 1987 before the central administrative tribunal, Principal bench, New Delhi (hereinafter referred to as "the tribunal"). The said petition of the respondent has been allowed by the tribunal by the impugned judgment dated 25/7/1991 on the view that an order under Rule 19 (0 of the Rules could not be passed if an appeal against the conviction and sentence is pending in a court and since the appeal filed by the respondent against his conviction and sentence was pending in the high court, the said order of dismissal could not be passed under the said rule. In taking this view the tribunal has placed reliance on its earlier decisions.

(2.) The order of dismissal reads as under: "public Works Department (Delhi Admn. ) no. 2 (1/86-PWDCV (DA) /eii/76 15-32 dated the 20/11/1986 office ORDER whereas Shri Vinod Kumar Bhaskar, UDC now attached to Dy. Director of Hort. Development Division No. II (DA) , New Delhi has been convicted on a criminal charge under Section 5 (l) (c) read with section 5 (2 of the Prevention of Corruption Act and under Sections 409, 477-A Indian Penal Code, 120-B Indian Penal Code and has been awarded penalty of RII for one year and fine of Rs. 500. 00 by Special Judge, Jalandhar on 17/5/1985. And whereas, it is considered that the conduct of the said Shri Vinod kumar Bhaskar which has led to his conviction is such as to render his further retention in the public service undesirable/the gravity of the charge is such as to warrant the imposition of a major penalty formisappropriation of a sum of Rs. 300. 00 (approx. ) along with other accused, man Singh, Jawala Das and Kewal Chander Kumar. The necessary advice was sought for from the Ministry of Law and justice through Chief Engineer (Food) D. G. (W) for taking follow-up action against the accused officials under the Ministry of Law and justice vide his No. U. D. I. D. Deputy No. 2551-AV/86 dated 17/7/1986. The ministry of Law and Justice has given the advice that the accused persons are required to be dismissed under Rule 19 (1 of the central civil Services (Classification, Control and Appeal) Rules, 1965, without issuing any charge-sheet or show-cause notice, who have been found guilty by court of law. Now, therefore, in exercise of the powers conferred by Rule 19 (i) of the central Civil Services (Classification, Control and Appeal) Rules, 1965, undersigned here dismisses the said Shri Vinod Kumar Bhaskar, udc from service with effect from 22/1/1986 forenoon. sd/- (Er. N. H. Chandwani) superintending Engineer pwd Circle No. V (DA) , new Delhi. "

(3.) Rule 19 of the Rules prescribes the special procedure in certain cases. At the relevant time, clause (i) of Rule 19 read as under: