M C TYAGI Vs. STATE OF UP

JUDGEMENT

(1.) The petitioner was working as Assistant Grade-I in U.P. Financial Corporation, Noida, Gautam Budh Nagar (hereinafter referred to as Corporation). On 23.8.2001 an F.I.R. was registered against the petitioner under Section 120B and Section 7 of the Prevention of Corruption Act, 1988 Mayur Vihar Phase III, Delhi by C.B.I., New Delhi wherein it was alleged by the complainant that the petitioner along with another investor of the corporation had demanded illegal gratification of Rs. 1.5 lacs to get the file closed. The petitioner was placed under suspension on 25.8.2001, after the investigation charge-sheet was submitted against the petitioner, trial Court vide judgment and order dated 3.7.2007 convicted the petitioner for a period of three years and imposed fine of Rs. 50,000/- under Section 7 and 13(2) read with Section 13(1)(d) of Prevention of Corruption Act, 1988.

(2.) Petitioner preferred criminal appeal no. 389 of 2007 before the Delhi High Court. The appeal was admitted, but interim bail was granted by the trial Court. On 21.6.2010 by the impugned order the petitioner was dismissed from service of the corporation with immediate effect under regulation 39 of the U.P. F.C. Staff Regulations.

(3.) Submission of the learned counsel for the petitioner is that the appeal, against the conviction, was admitted by the appellate Court and since the petitioner was enlarged on bail and criminal appeal is pending, thus, the impugned order is bad, the petitioner should have been reinstated pending decision by the appellate Court. In rebuttal Sri Gautam Baghel, learned counsel for the respondent corporation would submit that since the petitioner was convicted for accepting bribe of Rs. 1,000/- from one of the lonee of the corporation, the conviction amounts to moral turpitude, merely because the petitioner's appeal was admitted by the Delhi High Court and was enlarged on bail, it would not amount to staying the conviction, the impugned order has been passed strictly as per regulation 39 of the U.P.F.C. Staff Regulation.