Back
2001(5) Supreme 437
SUPREME COURT OF INDIA
(From Punjab & Haryana High Court)
K.T. Thomas and S.N. Variava, JJ.
K.C. Sareen -Appellant
versus
C.B.I., Chandigarh -Respondent
Criminal Appeal No. 770 of 2001
(Arising out of SLP (Crl.) No. 2202 of 2001)
Decided on 2-8-2001
Counsel for the Parties :
For the Appellant : Vikram Chaudhari and Mahabir Singh, Advocates.
For the Respondent : Altaf Ahmad, Additional Solicitor General, P. Parmeswaran, A. Mariarputham, Advocates.
Held : The legal position, therefore, is this: Though the power to suspend an order of conviction, apart from the order of sentence, is not alien to Section 389(1) of the Code, its exercise should be limited to very exceptional cases. Merely because the convicted person files an appeal in challenge of the conviction the court should not suspend the operation of the order of conviction. The court has a duty to look at all aspects including the ramifications of keeping such conviction in abeyance. It is in the light of the above legal position that we have to examine the question as to what should be the position when a public servant is convicted of an offence under the PC Act. No doubt when the appellate court admits the appeal filed in challenge of the conviction and sentence for the offence under the PC Act, the superior court should normally suspend the sentence of imprisonment until disposal of the appeal, because refusal thereof would render the very appeal otiose unless such appeal could be heard soon after the filing of the appeal. But suspension of conviction of the offence under the PC Act, de hors the sentence of imprisonment as a sequel thereto, is a different matter. Corruption by public servants has now reached a monstrous dimension in India. Its tentacles have started grappling even the institutions created for the protection of the republic. Unless those tentacles are intercepted and impeded from gripping the normal and orderly functioning of the public offices, through strong legislative, executive as well as judicial exercises the corrupt public servants could even paralyse the functioning of such institutions and thereby hinder the democratic polity. Proliferation of corrupt public servants could garner momentum to cripple the social order if such men are allowed to continue to manage and operate public institutions. When a public servant was found guilty of corruption after a judicial adjudicatory process conducted by a court of law, judiciousness demands that he should be treated as corrupt until he is exonerated by a superior court. The mere fact that an appellate or revisional forum has decided to entertain his challenge and to go into the issues and findings made against such public servants once again should nor even temporarily absolve him from such findings. If such a public servant becomes entitled to hold public office and to continue to do official acts until he is judicially absolved from such findings by reason of suspension of the order of conviction it is public interest which suffers and sometimes even irreparably. When a public servant who is convicted of corruption, is allowed to continue to hold public office it would impair the morale of the other persons manning such office, and consequently that would erode the already shrunk confidence of the people in such public institutions besides demoralising the other honest public servants who would either be the colleagues or subordinates of the convicted person. If honest public servants are compelled to take orders from proclaimed corrupt officers on account of the suspension of the conviction the fall out would be one of shaking the system itself. Hence it is necessary that the court should not aid the public servant who stands convicted for corruption charges to hold only public office until he is exonerated after conducting a judicial adjudication at the appellate or revisional level. It is a different matter if a corrupt public officer could continue to hold such public office even without the help of a court order suspending the conviction. The above policy can be acknowledged as necessary for the efficacy and proper functioning of public offices. If so, the legal position can be laid down that when conviction is on a corruption charge against a public servant the appellate court or the revisional court should not suspend the order of conviction during the pendency of the appeal even if the sentence or imprisonment is suspended. It would be a sublime public policy that the convicted public servant is kept under disability of the conviction in spite of keeping the sentence of imprisonment in abeyance till the disposal of the appeal or revision. (Paras 11, 12 and 13)
We therefore, dismiss this appeal. However, we wish to state that it is open to the appellant to move the High Court for early hearing. If the High Court is satisfied that the appellant has a reasonably good prospect of being exonerated or that there is any other special reason we hope that the High Court would board the appeal for hearing on an early date. (Para 16)
JUDGMENT
Thomas, J.-Leave granted.
2. The appeal of a public servant convicted and sentenced for corruption charges is pending in the High Court. The sentence has been suspended by the High Court during the pendency of the appeal. The public servant wants his conviction also to be suspended in order to avert the other fall out of the conviction. But the High Court declined to oblige him though he moved the High Court twice for the said purpose. This appeal by special leave is in challenge of the order dated 7.2.2001 passed by the single Judge, by which the second petition to suspend the conviction was dismissed.
3. Appellant was an officer of the Punjab National Bank. When he was posted at the Mewa Mandi (Amritsar) branch of the bank he was put in charge of the current account. During the said period he got himself involved in a prosecution along with some of his co-employees of the same bank for defrauding the bank to the tune of about Rs. 2 lakhs. The Central Bureau of Investigation inquired into the matter. After completing the investigation a charge-sheet was laid against the appellant and his other co-employees, for offences under Section 13(2) of the Prevention of Corruption Act, 1988 (for short PC Act ) and Section 120, 201 and 420 of IPC. A Special Judge at Patiala conducted the trial for such offences and at the end found the appellant and some of the co-accused guilty for different counts of offences. For the purpose of this appeal we need mention about the sentence of only one count. He was sentenced to R. I. for one year and to pay a fine of Rs. 500/- for the offence Section 13(2) of the PC Act. It is against the said conviction and sentence that he preferred the appeal before the High Court of Punjab and Haryana. The High Court admitted the appeal and as mentioned earlier suspended the sentence passed on him.
4. After the judgment was pronounced by the trial court disciplinary proceedings were initiated against the appellant and on the strength of the conviction mentioned above the authorities of the bank dismissed him from service. Appellant then moved the High Court to have the conviction also suspended. That motion was dismissed by a single Judge of the High Court on 1.8.2000, stating thus:
"After giving due consideration to the rival submissions of the learned counsel for the parties, I am of the view that the relief prayed for cannot be allowed in this case. No doubt, the court has powers to stay the operation of conviction under Section 389(1) Cr.P.C. in view of the facts and the circumstances of the case. But in the instant case, it has come on record that the applicant-appellants are already out of service. In case, they are ultimately acquitted, the damage, if any, caused to them with regard to their service or other retiral benefits can well be revived and made good to them. Keeping in view all the facts and the circumstances of the case, I do not consider it a fit case so as to invoke the powers under Section 389(1) Cr.P.C. to stay the operation of the impugned order of conviction during the pendency of this appeal. Consequently, this Crl. Misc. is dismissed."
5. Undeterred by the said order the appellant once again moved the High Court for the same purpose, at a later stage, by supplying certain additional facts to the High Court for fresh consideration of his plea for suspending the conviction. One of the causes spearheaded by him before the High Court was the order of dismissal passed by the bank authorities against him on the premise of the conviction. Another ground highlighted by him was that his appeal in the High Court was not likely to be boarded for hearing without the lapse of 10 years and that itself would defeat the ends of justice. Alternatively he made a bid to show that the conviction was based on very slender reasoning and hence he was "a fair chance of getting acquitted in appeal".
6. Learned single Judge of the High Court who dealt with the aforesaid second petition dismissed the same by
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
