LAWS(DLH)-2013-5-370

GOVT OF NCT OF DELHI Vs. JANVED MEENA

Decided On May 30, 2013
GOVT OF NCT OF DELHI Appellant
V/S
Janved Meena Respondents

JUDGEMENT

(1.) Respondent Janved Meena was appointed on probation as a Staff Nurse on March 25, 2009, by the Health Department of the Government of NCT of Delhi and was posted at Jag Pravesh Chandra Hospital. A complaint was made by one Rohtash Yadav that respondent was demanding Rs. 50,000/- for granting medical clearance to him inasmuch as he had been empanelled for appointment as Constable in Delhi Police and therefore he had to be medically examined for medical fitness to be declared prior to letter offering appointment being issued to him.

(2.) The Anti Corruption Branch of the Government of NCT Delhi to whom the complaint was made laid a trap on July 08, 2010 at which Janved Meena was allegedly caught red handed accepting bribe in sum of Rs. 15, 000/- from the complainant for which FIR No.29/2010 dated July 08, 2010 for offences punishable under Section 7 and 13 of the Prevention of Corruption Act, 1988 read with Section 120-B IPC was registered. The respondent was arrested the same day i.e. July 08, 2010. Since challan could not be presented within 60 days, respondent was granted statutory bail.

(3.) On December 11, 2010 services of the respondent were terminated and power vested under Rule 5 of the CCS (Temporary Service) Rules, 1965 was exercised. The order terminating respondent's service is non-stigmatic and simply records that on expiry of one month from date of issue of notice his services shall stand terminated. It may be noted here that upon respondent being arrested on July 08, 2010 and remaining in custody for a period exceeding 48 hours, an order dated July 13, 2010 was issued recording that respondent would be deemed to be suspended with effect from July 08, 2010 in terms of sub-Rule (2) of Rule 10 of the CCS (CCA) Rules, 1965.