SUBHASH CHAND JAIN Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) By these applications, the appellants have sought suspension of the order on conviction dtd. 26/8/2021 convicting the appellants till the final disposal of the appeals by this Court. These appeals arise out of a common judgment dtd. 26/8/2021 passed by the learned Special Judge PC Act CBI-03, Rouse Avenue Courts convicting the appellants under provisions under Ss. 420/471IPCr/w Sec. 468 IPC and under Sec. 13 (1)(d)r/w Sec. 13 (2) of the Prevention of Corruption Act (PC Act). An incident dtd. 26/6/2006 wherein it was alleged that the accused conspired amongst themselves to defraud the New Delhi Municipal Corporation (NDMC)in a matter pertaining to execution an award of electrical works and for which purpose they awarded the work and released the payments to the contractor without ensuring that the related work was executed.

(2.) The subsequent order on sentence dtd. 14/9/2021 awarded a sentence of one-year rigorous imprisonment for offence punishable under Sec. 120-B IPC with fine of Rs.20,000.00(2 months SI in default of payment of fine), 3 years RI for offences punishable under 420/468/471 IPC, and fine of Rs.40,000.00, (6 months SI in default of payment of fine), and 3 years RI for offence punishable under Sec. 13 (2)r/w 13 (1)(d) PC Act with fine of Rs.40,000.00 (6 months SI in default of payment of fine) for all three appellants. These sentences were to run concurrently.

(3.) Since applications under Sec. 389 (3) Cr.P.C. had been moved by the appellants, this sentence was suspended by the learned Trial Court for a period of 60 days to enable them to file a statutory appeal. By order dtd. 9/10/2021, this Court suspended the sentence of the appellants during the pendency of the appeal subject to conditions as mandated in the said order. The appellants, pursuant to the suspension of sentence and pending the final adjudication of the appeals, have preferred these applications for stay of conviction on the ground that the Chairman Disciplinary Authority, NDMC, issued a show cause notice dtd. 23/11/2022 under Rule 8 of the Central Civil Services (Pension)Rules 2021r/w Rule 19 (i) of CCS (CCA) Rules 1965 r/w regulation 5 (2) (a)of NDMC(Conditions of Service of Municipal Officer) Regulations, 2016 asking the appellants to show cause as to why on the basis of the conviction, the penalty of withdrawal of pension in full, permanently be not imposed. The appellants filed a short reply to the said notice for seeking appropriate orders and clarification from this Court.