RASOOL AHMAD Vs. STATE OF U.P.

JUDGEMENT

(1.) This is an application seeking condonation of delay in filing the appeal.

(2.) The cause shown for the delay in filing the appeal is sufficient. The application is allowed and the delay in filing the appeal is condoned. (Special Appeal Defective no.360 of 2021)

(3.) This is an intra-court appeal against the judgment dtd. 11/8/2021 passed by the writ court. The facts of the case in brief are that the petitioner herein who was working as Lekhpal in the Revenue Department of Government of Uttar Pradesh was tried for the offence under Sec. 7 read with Sec. 13 of the Prevention of Corruption Act, 1988 (in short 'the Act, 1988') wherein he was convicted by the trial court vide judgment dtd. 17/8/2013 and sentenced to undergo imprisonment of one year with fine of Rs.2,000.00. He preferred an appeal against the said judgment under the provisions of the Code of Criminal Procedure which was dismissed on 6/9/2014. Consequent thereto, an order was passed under Regulation 351 of the Civil Services Regulation as applicable in the State of Uttar Pradesh withholding the entire pension of the petitioner. This order was dtd. 25/5/2017 which was communicated to the petitioner by another order dtd. 26/5/2017. Both these orders were put to challenge by the petitioner in Writ Petition No.7896 (S/S) of 2018. The writ petition has been dismissed vide order dtd. 11/8/2021 and it is this judgment which is the subject matter of this intra-court appeal. Before the writ court, the case of the petitioner-appellant was that Regulation 351 Civil Services Regulation applies only in the case of serious offences and a full bench judgment of this Court in the case of 'Shivagopal vs. State of U.P.' reported in 2019 (37) LCD 1859 has explained as to what is meant by the term 'serious crime' as used in Regulation 351. Learned counsel for the petitioner relied upon paragraph no.39 of the said judgment which reads as under: