AJAY KUMAR BHARDWAJ Vs. DTC AND ORS.

JUDGEMENT

(1.) Aggrieved from the order of the Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as "Ld. CAT") dated 28.09.2012 in O.A. No. 1167 of 2012, the petitioner has preferred the present writ petition under Articles 226 and 227 of the Constitution of India for setting aside the aforesaid order and for issuing necessary directions to the respondent.

(2.) The brief facts of the case are that the petitioner Sh. Ajay Kumar Bhardwaj was appointed at Delhi Transport Corporation (DTC) as Assistant Fitter on 11.04.1983. During the aforesaid employment of petitioner with respondent No. 1 i.e. Delhi Transport Corporation, at Hari Nagar Depot, an FIR No. RC 1(A) /94, PS/CBI/ACB/ND was registered against the petitioner along-with other co-accused namely Lala Ram, Suresh Lata, S.P. Grover, Gulshan Rai, Sobhraj Jai Singhani, Amarnath, R.B. Dubey, Jai Prakash, Susheel Kumar, Sarwan Kumar and R.B. Chaubey wherein it was alleged that they were involved in a racket of cheating, and defrauding MTNL to the tune of Rs. 67,20,000/-. After the investigation, the charge-sheet against the petitioner along with the coaccused persons were filed before the concerned Court i.e. Court of Sh. Pradeep Chaddah, Special Judge (CBI-01), Delhi. The aforesaid Court after following the due process of law, convicted the petitioner and sentenced him to undergo RI for three years for substantive offence u/s 420 IPC along with a fine of Rs. 20,000/-. In case of default of payment of fine, he shall to undergo SI for a further period of one year. He was further sentenced to RI of two years and a fine of Rs. 10,000/- for substantive offence under section 13(2) r/w 13(1)(d) of the Prevention of Corruption Act. In case of default of payment of fine, he shall to undergo SI for a further period of six months. He was also sentenced to RI of two years and a fine of Rs. 10,000/-. In case of default in payment of fine, he shall to undergo six-month SI for offence u/s 120-B of the IPC r/w 420 IPC and 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988.

(3.) The petitioner aggrieved by the judgment dated 02.08.2010 and order of sentence dated 04.08.2010 filed a criminal appeal before the Bench dealing with the Criminal Jurisdiction (Crl. Appeal No. 987/2010) challenging the conviction which is still pending before the aforesaid Bench. The aforementioned Bench declined to suspend the sentence of the petitioner during pendency of the Criminal Appeal. The petitioner thereafter approached the Hon'ble Supreme Court for grant of bail and the Hon'ble Supreme Court vide order dated 15.11.2010 granted him interim bail.