GURJIT SINGH Vs. ANJANA MEHTA

JUDGEMENT

(1.) Writ Petition No.4104/2017 and Writ Petition No.4318/2017 are taken up for consideration together, since the point of law involved therein is common.

(2.) The petitioner in Writ Petition No.4104/2017, at the material time, was working as a General Manger (Finance) under the Western Coalfields Limited (hereafter "the W.C.L.", for short). Disciplinary proceeding was initiated against the petitioner vide charge-sheet dated 22nd August, 2012 on the ground of unauthorized absence from duty. In a duly constituted inquiry, the charge levelled against the petitioner was established resulting in an order of removal from service being passed. The order of removal is the subject matter of challenge in separate proceedings initiated according to law.

(3.) The petitioner in Writ Petition No.4318/2017 is the widow of Dr. Surendraprasad Mehta (since deceased). At the material time, the deceased was holding the post of Medical Superintendent in the W.C.L. Prosecution was launched against the deceased under Section 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (hereafter "the PC. Act", for short). The deceased stood trial before the Special (Central Bureau of Investigation) Court, Nagpur. Vide judgment and order dated 9th December, 2009, the Special Court convicted the deceased under Section 7 of the PC. Act and sentenced him to suffer simple imprisonment for three months. The Special Court also convicted the deceased for offence punishable under Section 13(1) (d) read with Section 13(2) of the PC. Act and sentenced him to suffer rigorous imprisonment for two years and to pay fine of Rs.5,000/-, in default to suffer further simple imprisonment for three months. Both sentences were directed to run concurrently. Upon such conviction and sentence, the deceased preferred an appeal before this Court. During the pendency of the appeal, he breathed his last. However, based on the aforesaid conviction, the deceased was dismissed from service by the W.C.L.