PARMINDER SINGH SODHI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner in the present case has impugned the order dated 24th September, 2008 whereby he has been dismissed from service by invoking Rule 13 (i) of Punjab Civil Services (Punishment and Appeal) Rules, 1970 (hereinafter referred to as 1970 Rules). The grievance of the petitioner is that the said order has been passed merely on the basis of his conviction in a criminal case and that the same cannot constitute the basis for order of dismissal, there being no independent application of mind.

(2.) The brief factual matrix of the case as stated in the petition is that the petitioner, who was working as District Development and Panchayat Officer (DDPO), Nawanshahar, was involved in a case under Sections 7 and 13(i)(d) read with Section 13 (2) of the Prevention of Corruption Act, 1988 for taking illegal gratification. The petitioner was convicted by Special Judge, Nawanshahar vide judgment dated 12th July, 2008 and sentenced to undergo rigorous imprisonment for two years and fine. The petitioner filed Criminal Appeal No. 1342-SB of 2008 against the said judgment. The appeal was admitted to regular hearing on 29th July, 2008 and the sentence was suspended meanwhile. On 24th September, 2008, the petitioner was dismissed from service vide order Annexure P-8. The petitioner is aggrieved by his dismissal from service on the basis of his conviction in the criminal case.

(3.) We have heard learned counsel for the petitioner and perused the record annexed with the petition.