ORDER

1. The respondent was employed as Upper Division Clerk in the Delhi Administration. He was prosecuted for offences under Section 120-B read with Sections 409 and 477-A IPC and Section 5(1) (c) read with Section 5(2) of the Prevention of Corruption Act, 1947. The Special Judge, Jalandhar, by judgment dated 17-5-1985 convicted the respondent for the said offences and sentenced him to undergo rigorous imprisonment for one year and to pay a fine of Rs 500 and on default in the payment of fine to undergo rigorous imprisonment for a further period of six months. The respondent has filed an appeal in the High Court of Punjab and Haryana against his conviction and sentence for the said offences under the said judgment dated 17-5-1985. During the pendency of the said appeal, an order dated 20-11 - 1986 was passed by the Superintending Engineer, PWD Circle No. V (DA), New Delhi, whereby the respondent was dismissed from service with effect from 22-11-1986. The said order was passed under Rule 19(i) of the Central Ci

2. The order of dismissal reads as under :

"Public Works Department (Delhi Admn.) No. 2(1) /86-PWDCV (DA) /EII/76 15-32 dated the 20-11-1986 OFFICE ORDER Whereas Shri Vinod Kumar Bhaskar, UDC now attached to Dy. Director of Hort. Development Division No. II (DA), New Delhi has been convicted on a criminal charge under Section 5(1) (c) read with Section 5(2) of the Prevention of Corruption Act and under Sections 409, 477-A IPC, 120-B IPC and has been awarded penalty of RI for one year and fine of Rs 500 by Special Judge, Jalandhar on 17-5-1985. And whereas, it is considered that the conduct of the said Shri Vinod Kumar Bhaskar which has led to his conviction is such as to render his further retention in the public service undesirable/the gravity of the charge is such as to warrant the imposition of a major penalty for misappropriation of a sum of Rs 300 (approx.) along with other accused, Man Singh, Jawala Das and Kewal Chander Kumar. The necessary advice was sought for from the Ministry of Law and Justice through Chief Engineer (Food) D. G. (W) for taking follow-up action against the accused officials under the Ministry of Law and Justice vide his No. U. D. I. D. Dy. No. 2551- AV/86 dated 17-7-1986. The Ministry of Law and Justice has given the advice that the accused persons are required to be dismissed under Rule 19(i) of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, without issuing any charge-sheet or show- cause notice, who have been found guilty by court of law. Now, therefore, in exercise of the powers conferred by Rule 19(i) of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, undersigned here dismisses the said Shri Vinod Kumar Bhaskar, UDC from service with effect from 22-1-1986 forenoon. sdA (Er. N. H. Chandwani) Superintending Engineer PWD Circle No. V (DA), New Delhi."

3. Rule 19 of the Rules prescribes the special procedure in certain cases. At the relevant time, clause (i) of Rule 19 read as under :

"19. Special procedure in certain cases-Notwithstanding anything contained in Rule 14 to Rule 18-(i) where any penalty is imposed on a government servant on the ground of conduct which has led to his conviction on a criminal charge, or (ii)-(iii) the disciplinary authority may consider the circumstances of the case and make such orders thereon as it deems fit :"

4. Rule 19(i) of the Rules is based on clause (a) of the proviso to subarticle (2) of Article 311 of the Constitution. Construing the said proviso to Article 311(2), this Court, in Dy Director of Collegiate Education (Admn.) v. NagoorMeeral has held : (SCC pp. 380-82, paras 7-10) "This clause, it is relevant to notice, speaks of conduct which has led his conviction on a criminal charge. It does not speak of sentence or punishment awarded. Merely because the sentence is suspended and/or the accused is released on bail, the conviction does not cease to be operative. Section 389 of the Code of Crim