S P GUPTA Vs. N I C

JUDGEMENT

(1.) THE petitioner was facing judicial and departmental proceedings in respect of alleged misconduct. It was revealed that the petitioner released an amount of Rs.2.00 lac on account of payment of fire insurance claim against a Unit which was not in existence. The allegations against the petitioner were that while working as Divisional Manager, Hoshiarpur Division, he failed to maintain absolute integrity and devotion to duty and settled a fraudulent claim of Rs.7,02,873/ - and in the process he caused financial loss to the Company by allowing on account payment of Rs.2.00 lacs by exceeding his financial authority. The resultant effect was that he was charge sheeted on 23.02.1998. The inquiry was initiated against the petitioner which resulted in passing of order dated 27.05.2002, which is impugned in this writ petition. The punishment awarded was the withdrawal of pension permanently.

(2.) IT is important to note that simultaneously an FIR was lodged against the petitioner before the learned Special Judge, CBI, Patiala (Punjab). The petitioner stood convicted and punishment of two years of Rigorous imprisonment and a fine of Rs.2000/ - came to be imposed upon him. It is stated that against this order of conviction, he filed appeal before the High Court of Punjab and Harayana at Chandigrarh, wherein the sentence awarded to the petitioner was stayed. It is important to note that conviction has not been stayed by the said High Court.

(3.) FEELING aggrieved of the order dated 27.05.2002 passed by the respondents, the petitioner has filed the present writ petition.