RADHEY SHYAM Vs. NDMC

JUDGEMENT

(1.) On May 25, 1970 the petitioner joined service under New Delhi Municipal Council (NDMC) as a Vaccinator. He resided in village Fatehpur Billoch, District Faridabad (Haryana). Pertaining to an incident dated November 03, 1990 relating to a plot of land in said village involving one Net Ram during which some persons received gun-shot wounds, FIR No.228 for offences punishable under Section 323/307/148/149 IPC read with Section 27 of the Arms Act was lodged by Net Ram at PS Sadar Ballabhgarh the same day i.e. November 03, 1990 in which the petitioner was named as accused.

(2.) Charge-sheeted and tried pursuant to the FIR aforesaid, vide judgment dated March 22, 1996 the petitioner was convicted by the Court of Sessions for offences punishable under Section 307 IPC and Section 27 of the Arms Act. Vide order on sentence dated March 25, 1996 he was sentenced to undergo rigorous imprisonment for a period of four years and to pay a fine in sum of Rs. 5,000/- for having committed the offence under Section 307 IPC and pertaining to the offence under Section 27 of the Arms Act to undergo rigorous imprisonment for one year and pay fine in sum of Rs. 100/-.

(3.) Challenging the conviction and the sentence before the High Court of Punjab & Haryana and seeking suspension of sentence, petitioner was admitted to bail and upon the fact of he being convicted coming to the knowledge of the department the petitioner was placed under suspension on May 10, 1996. He was served with a show-cause notice under Rule 19 of the CCS (CCA) Rules 1965 requiring him to respond to the proposed action of why penalty of he being dismissed from service be not inflicted upon him keeping in view the gravity of the offence committed by him; and as proved at a criminal trial.