TANURAM SAHU Vs. STATE GOVERNMENT OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner was working as Patwari. He was caught in a bribery trap laid by the Lokayukta Police. A challan (charge-sheet) under Section 173 of the Code of Criminal Procedure, 1973 was submitted before the Special Court charging him with offence punishable under Section 7 and 13 (1) (d) read with Section 13 (2) of the Prevention of Corruption Act, 1988 (for short 'the PC Act'). Subsequently, he was convicted and sentenced by the judgment dated 17.12.2002 in a Special Case No.3/99 to undergo rigorous imprisonment for one year and to pay a fine of Rs.1000/-, in default of payment of fine to further undergo rigorous imprisonment for one month on both the counts. The petitioner contends that he has challenged the conviction and sentence in Criminal Appeal No.37/2003 wherein this Court by order dated 06.02.2003 has suspended the execution of sentence and imprisonment.

(2.) When the charge-sheet was filed in the Special Court, the petitioner was placed under suspension. When he was convicted on the basis of such conviction on a criminal charge, the petitioner was dismissed from service without holding any enquiry by order dated 09.01.2003 (Annexure P/1) in exercise of power under Rule 19 (i) of the M.P./C.G. Civil Services (Classification, Control and Appeal) Rules, 1966 (hereinafter referred to as the State CCA Rules). Feeling aggrieved, the petitioner has filed this petition. He has also sought a direction to the respondents to take him back in service and for payment of subsistence allowance during the period of criminal appeal, which has been filed by the petitioner challenging his conviction and sentence awarded by the Special Court.

(3.) The petitioner contends that no order under Rule 19 (i) of the State CCA Rules can be passed without a summary enquiry giving a hearing to the delinquent employee or at least an opportunity to make a representation in regard to the penalty proposed. Reliance has been placed on the decision of the Division Bench of the High Court of Madhya Pradesh in the case of Tikaram Windwar vs. Registrar, Co-operative Societies, M.P., Bhopal, 1978 MPLJ 57