Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India 1950 : Art. 311(2) second proviso clause(a |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Constitution of India, 1950 : Art. 311(2) second proviso clause(a)-Conduct of Government servant led to his conviction on a criminal charge-Taking action not barred merely because the sentence is suspended.Service Law : Government Servant-Initiation of proceedings against-Dismissal from service-Show cause notice-Conduct of Government servant relevant-Suspension of sentence-Action not barred-Delay in initiating proceedings after conviction-Held, does not vitiate the proceedings-Opportunity to be afforded to Govt. Servant to explain and then to pass appropriate orders-Directions issued.The Respondent was working as Superintendent in the Office of Regional Deputy Director Collegiate Education. On charges of corruption, he was prosecuted and convicted under S. 420 IPC and S. 5 of the Prevention of Corruption Act, and sentenced to one year R.I. and a fine of Rs. 1000. The charge was that he had received Rs. 10,000 from a person promising him a job. On appeal, the High Court suspended the sentence and released him on bail.The appellant-employer issued a show cause notice to the Respondent as to why he should not be dismissed from service in view of his conviction by the Criminal Court. The notice also stated that though the sentence was suspended still the conviction was in force. The Respondent moved the State Administrative Tribunal which quashed the show cause notice. Hence this appeal. |
Judge | Hon'ble Mr. Justice B.P. Jeevan Reddy |
Neutral Citation | 1995 INSC 136 |
Petitioner | The Deputy Director Of Collegiate Education (administration), Madras |
Respondent | S. Nagoor Meera |
SCR | [1995] 2 S.C.R. 308 |
Judgement Date | 1995-02-24 |
Case Number | 2992 |
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