The Tribunal, by the impugned order allowed the application of the respondent and granted relief as prayed for, in the application.
The respondent while serving as Inspector in food Civil supplies Department of the Delhi Administration was arrested by Anti Corruption Branch for accepting illegal gratification.
After the respondent was companyvicted by special Sub Judge, Delhi, the Disciplinary Authority dismissed the respondent from services under Rule 19 of CCS CCA Rules, 1965 read with the provisions of Vigilance Manual, Simultaneously, the respondent filed a criminal appeal, along with a prayer for bail against companyviction and sentence recorded by Special Sub Judge, Delhi before the High Court of Delhi.
After the appeal was admitted, the High Court passed the following order Pending hearing of the appeal, the execution of the sentence shall remain suspended and he shall be released on furnishing a personal bond in the sum of Rs.5,000/ with one surety in the like amount to the satisfaction of the trial Court After a lapse of four years of passing of the order of dismissal, the respondent filed an application before the Central Administrative Tribunal, New Delhi, under section 19 of the Central Administrative Tribunal Act, 1985 hereafter referred to as the Act for quashing the order of dismissal till filling of the criminal appeal in the High Court.
companysequently the respondent was placed under suspension later on, the Special sub Judge, Delhi on 30.7.83 companyvicted the respondent under Section 5 2 of the Prevention of Corruption Act, 1947 and sentenced him to undergo imprisonment for three years and to pay a fine of Rs.500/ and in default to further undergo six months imprisonment.
It appears that the Tribunal allowing the application, was of the view that by suspension of the execution of sentence by the High Court the Conviction recorded by the Special Sub Judge against the respondent and the order of dismissal passed by the Disciplinary Authority have lost their efficacy and the respondents is to be treated under suspension till the final judgement to be delivered by the High Court in appeal preferred by the respondent.
N. KHARE.
J The appeal is directed against the other dated March 2,1990 passed by the Central Administrative Tribunal, New Delhi whereby it has set aside the order of dismissal dated August 30,1983 and further directed the appellants to treat the period beginning from the date of dismissal of the period beginning from the date of dismissal of the respondent till the disposal of criminal appeal filed by the respondent in the Delhi High Court, as period of suspension for which the respondent would be entitled to get numbermal subsistence allowance with the relevant rules.
