LABH SINGH Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) The petitioner was inducted into the service of the Military Hospital, Ambala Cantt, on 21.8.1961 as a Lower Division Clerk. In November 1969 he was promoted to the post of Accountant.

(2.) While the petitioner was holding the post of Accountant, during a surprise check certain discrepancies in the accounts were noticed on 17.9.1971. On the basis of the aforesaid discrepancies, the authorities registered a first information report. Charges were framed against the petitioner under Section 5(1)(c) read with section 5(2) of the Prevention of Corruption Act and under Sections 409/477-A and 120-B of the Indian Penal Code. After having been tried, the petitioner was convicted by the Special Judge, Haryana at Ambala, vide judgment/order dated 21/28.11.1978. Dissatisfied by the judgment/order, referred to above, the petitioner preferred Criminal Appeal No. 1417 of 1978. The said appeal was disposed of on 12.5.1982. A persual of the order passed by this Court in the aforesaid appeal reveals that the conviction of the petitioner was upheld. However, the sentence of imprisonment and fine was set aside with a direction that the petitioner would be released on probation for a period of one year on his entering into a bond in the sum of Rs. 2000/- with one surety in the like amount to the satisfaction of the trial Court.

(3.) On the basis of the aforesaid conviction of the petitioner, the Director, Medical Services, vide order dated 6.3.1979, in exercise of powers vested in him under Rule 19(1) of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 (hereinafter referred to as, the 1965 Rules') dismissed the petitioner from service.