VED PRAKASH Vs. D D A

JUDGEMENT

(1.) Present petition has been filed by the petitioner under Articles 226 and 227 of the Constitution of India seeking a direction to quash the order dated 10.8.2015 passed by Central Administrative Tribunal in O.A.No.2589/2015.

(2.) In this case, proceedings under Section 120-B of the Indian Penal Code read with Sections 7 and 12, Section 13 (2), 13(1)(d) of the PC Act 1988 were initiated against the petitioner. The petitioner was convicted and sentenced to Rigorous Imprisonment for three years in addition to fine of Rs.40,000/-. Upon being convicted the petitioner was compulsorily retired. Subsequently a show cause notice was issued to the petitioner stating as to why punishment awarded to him i.e. 'compulsory retirement from service, should not be enhanced to 'removal from service'.

(3.) The grievance of the petitioner is that a perusal of the Show Cause Notice would show that the Lieutenant Governor has already made up his mind to pass the order of dismissal. Another ground raised by counsel for the petitioner is that the notice of enhancement of punishment is patently barred by limitation.