RATNAWALI VANSHWATI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Petitioner has filed this writ petition under Article 226 of the Constitution of India challenging impugned order dtd. 21/6/2021 contained in Annexure P/1 passed by Commissioner, Institutional Finance, Bhopal.

(2.) Petitioner was trapped by Lokayukta in bribery case and later on was convicted under Sec. 7 of the Prevention of Corruption Act, 1988 and was sentenced to rigorous imprisonment for 4 years with fine of Rs.25,000.00 and Ss. 13(i) (d) and 13(2) of the Prevention of Corruption Act, 1988 and was sentenced to rigorous imprisonment for 5 years with fine of Rs.25,000.00. Thereafter, action was taken against the petitioner under Rule 10(ix) of the Madhya Pradesh Civil Services (Classification Control and Appeal) Rules, 1966 (hereinafter referred to 'Rules of 1966') and he was dismissed from service. Petitioner has challenged the impugned order on the ground that opportunity of hearing was not provided to petitioner before passing of the impugned order. Criminal Appeal against conviction of petitioner is pending in Court, therefore, judicial proceeding has not attained finality. No departmental enquiry was conducted before imposing penalty upon petitioner.

(3.) Govt. Advocate appearing for the State submitted that petitioner was convicted by Special Court of Lokayukta District Narmadapuram in case of 07/2018 vide judgment dtd. 1/4/2021 and she has been dismissed by following procedure in accordance with law. There is no illegality or irregularity in passing of the impugned order. No interference is called for in the writ petition. Writ Petition may be dismissed.