VINESH CHANDRA SAXENA Vs. UOI AND ORS

JUDGEMENT

(1.) The appellant, while he was working as Manager(Accounts) with the respondent Airport Authority of India, a criminal case was registered against him by CBI for accepting bribe of Rs.5000/- from a furniture repair contractor. He was arrested and prosecuted for the offences under Sections 7, 13(2), 13(1)(d) of the Prevention and Corruption Act. Vide order dated 25th April, 2009 passed by the learned Special Judge, Delhi, the appellant was convicted in the aforesaid case and sentenced to undergo imprisonment for 3 years and to pay a fine of Rs.25,000/-, or in default of payment of fine to undergo simple imprisonment for three months.

(2.) Pursuant to the conviction of the appellant, the respondent Airport Authority of India issued a Memorandum dated 1st September, 2010 to him referring to his conviction by the learned Special Judge and tentatively seeking to impose major penalty of dismissal from service upon him. The appellant was given an opportunity to make representation, if any in this regard within a period of 15 days.

(3.) The bone of contention of the learned counsel for the appellant is that the respondent has treated differently the appellant and other two employees, while imposing the penalty when both the appellant and two employees involved in similar offences were also convicted and imposed with same penalty. It is further the contention of the appellant that in case of two employees, the respondents conducted inquiry and imposed lesser penalty whereas in the case of the appellant, penalty of dismissal was imposed even without inquiry. Hence, on the above grounds, the penalty of dismissal should be set aside.