SHRI DHARMENDRA KUMAR MISHRA Vs. UNION OF INDIA, NOTICE TO BE SERVED THROUGH THE SECRETARY, MINISTRY OF FINANCE, DEPARTMENT OF REVENUE, DIRECTOR GENERAL OF INCOME TAX (VIGILANCE) AND CHIEF COMMISSIONER OF INCOME TAX, AHMEDABAD

JUDGEMENT

(1.) THIS OA has been filed by one Shri Dharmendra Kumar Mishra under Section 19 of the Administrative Tribunals Act, 1985 to

(2.) THE Applicant was convicted vide judgment and order dated 08.11.2012 by the Special Court CBI, Court No. 1, Ahmedabad in Special Case No. 17/2003 wherein the charge was framed by the CBI Court on 06.08.2009 (Annexure A/9). Against the said judgment and order of the CBI Court, the Applicant has filed Criminal Appeal No. 1927 of 2012 before the Hon'ble High Court of Gujarat wherein vide interim order dated 07.12.2012, the sentence has been suspended (Annexure A/10).

(3.) THE Applicant has been served with Memorandum dated 29.08.2013 (Annexure A/1) under Rule 19(i) of the CCS (CCA) Rules, 1965 giving him an opportunity to make his representation against the proposed penalty of removal/ dismissal from service following his conviction on the charge of demanding and accepting illegal gratification by Special Judge for CBI at Ahmedabad vide order dated 08.11.2012 in Special Case No. 17 of 2003, having regard to the gravity of the criminal charges. It is this Memorandum that is impugned in the instant OA.