RADHA KRISHNA SHARMA Vs. STATE OF MP

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed seeking the following reliefs:-

(2.) It is submitted by the counsel for the petitioner that the petitioner was tried for an offence punishable under Sections 7, 13(1)(d) r/w Section 13(2) of Prevention of Corruption Act, 1988 and by judgment and sentence dated 30 th March, 2019 passed by the Trial Court in Special Sessions Trial No.02/2016, the petitioner has been convicted under Sections 7 , 13(1)(d) r/w Section 13(2) of Prevention of Corruption Act, 1988. It is submitted that against his conviction the petitioner has filed a Criminal Appeal No.3254/2019 and by order dated 21/11/2019, the sentence awarded to the petitioner has been suspended. It is submitted that in spite of suspension of sentence of the petitioner, the respondents have issued the impugned order dated 19/03/2020 and the entire pension has been stopped. It is submitted that the Full Bench of this Court in the case of Ram Sewak Mishra vs. State of MP , reported in (2017) 4 MPLJ 428 has held as under:-

(3.) It is further submitted by the counsel for the petitioner that since the impugned order has been passed without giving any show cause notice to the petitioner or holding any departmental enquiry, therefore, the same is bad and accordingly, liable to be quashed.