DILIP KUMAR MUKHERJEE Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been filed against the order dated 14.10.2001 passed in O.A. No. 11 of 2009 by the Central Administrative Tribunal (C.A.T.), Patna Bench, Patna, Circuit Court at Ranchi. The petitioner has challenged the order dated 18.8.2008 passed by the Disciplinary Authority by which he was ordered to be removed without any compassionate allowance. The order dated 15.10.2008 passed by the Appellate Authority was also challenged by the petitioner before the C.A.T. The petitioner also took the ground of discrimination in punishment.

(2.) Mrs. M. M. Pal, learned senior counsel, appearing for the petitioner, submitted that firstly the appeal against the conviction is pending before this Court and secondly, petitioner should also have been compulsorily retired instead of removing him from service without any compassionate allowance. She relied on a judgment Man Singh V/s. State of Haryana and others, 2008 12 SCC 331 on the ground of discrimination in punishment .

(3.) It appears that petitioner was convicted for taking illegal gratification in a case instituted by the Central Bureau of Investigation. On the basis of such punishment, the order of dismissal was passed by respondents. Against such order, the petitioner preferred appeal. The Appellate Authority observed that since the matter is subjudice in the High Court, the status of punishment notice dated 18.8.2008 will remain same till further judgment.