UNION OF INDIA Vs. RAMESH KUMAR

JUDGEMENT

(1.) This appeal is directed against the order dated March 2, 1990 passed by the Central Administrative Tribunal, New Delhi whereby it has set aside the order of dismissal dated August 30, 1983 and further directed the appellants to treat the period beginning from the date of dismissal of the respondent till the disposal of criminal appeal filed by the respondent in the Delhi High Court, as period of suspension for which the respondent would be entitled to get normal subsistence allowance in accordance with the relevant rules.

(2.) The respondent while serving as Inspector in Food and Civil Supplies Department of the Delhi Administration was arrested by Anti-Corruption Branch for accepting illegal gratification. Consequently the respondent was placed under suspension. Later on, the Special Sub-Judge, Delhi on 30-7-83 convicted the respondent under Section 5(2) of the Prevention of Corruption Act, 1947 and sentenced him to undergo imprisonment for three years and to pay a fine of Rs. 500/- and in default to further undergo six months imprisonment. After the respondent was convicted by Special Sub Judge, Delhi, the Disciplinary Authority dismissed the respondent from service under Rule 19 of CCS (CCA) Rules, 1965 read with the provisions of Vigilance Manual. Simultaneously, the respondent filed a criminal appeal, along with a prayer for bail against conviction and sentence recorded by Special Sub Judge, Delhi before the High Court of Delhi. After the appeal was admitted, the High Court passed the following order:-

(3.) After a lapse of four years of passing of the order of dismissal, the respondent filed an application before the Central Administrative Tribunal, New Delhi, under Section 19 of the Central Administrative Tribunal Act, 1985 (hereinafter referred to as the Act) for quashing the order of dismissal and issuing a direction to the appellants to grant subsistence allowance for the period beginning from the date of dismissal till filing of the criminal appeal in the High Court. The Tribunal, by the impugned order allowed the application of the respondent and granted reliefs as prayed for, in the application.