RAM KUMAR Vs. STATE OF HARYANA & OTHERS

JUDGEMENT

(1.) This petition has been filed claiming directions to the respondents for increase of subsistence allowance from 50% to 75% for a period 16.09.2013 to 15.06.2014, that is, for the period of suspension exceeding six months. Interest is also claimed on the amount.

(2.) The petitioner was suspended by order dated 203.2013 w.e.f. 16.03.2013, as FIR No.9 dated 16.03.2013 was registered against him under Sections 7, 13 etc. of the Prevention of Corruption Act, 1988 (for short 'the Act') at Police Station State Vigilance Bureau, Hisar at Bhiwani for demanding bribe from the complainant to pass favourable orders. Power of suspension flows from Rule 4(2)(a) of the Haryana Civil Services (Punishment & Appeal) Rules, 1987. Other than the progress of criminal trial, the petitioner was issued a domestic charge-sheet under Rule 7 of the 1987 Rules on 05.08.2013. He filed a detailed reply, but no departmental proceedings were carried on, as the Department preferred to await the result of trial. The conviction under Sections 7 and 13(d)(iii) of the Act was recorded on 14.01.2014 by the Court of learned Sessions Judge, Bhiwani. Following conviction, show cause notice was issued on 14.05.2014 and on receiving reply and considering the defence taken, the Punishing Authority thought it fit to dismiss the petitioner from service invoking Rule 7(2)(b) of the 1987 Rules read with proviso (a) to Article 311(2) of the Constitution of India. The order was passed on 16.06.2014. An administrative appeal was filed before the first respondent, which was rejected on 19.02015.

(3.) In the present petition right has been reserved to challenge the order of dismissal after the outcome of criminal appeal bearing CRA No.480-SB of 2014 pending in this Court against the judgment of conviction and order of sentence.