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2005 Supreme(Del) 29

VIKRAMAJIT SEN
S. S. CHOWDHARY – Appellant
Versus
MUNICIPAL CORPORATION OF DELHI – Respondent


Advocates Appeared:
Ashok Bhasin, B.C.PANDEY

Vikramajit Sen, J.

( 1 ) THESE petitions raise a common question of law, and are based on facts which are similar in material content. The petitioners have been convicted under Sections 7 and 13 (l) (d) read with Section 13 (2) of the prevention of Corruption Act, 1988 and have been sentenced to rigorous imprisonment and fine. Both the petitioners have filed appeals against sentence, which has ordered to remain suspended during the pendency of the respective appeals. The petitioners claimed for the quashing of the dismissal order and for their reinstatement with all consequential benefits. The petitioners also pray for subsistence allowance.

( 2 ) ARTICLE 311 of the Constitution provides, inter alia, that "where a person is dismissed or removed or reduced in rank on the ground of conduct which has led to his conviction on a criminal charge" he may be dismissed from service. Rule 19 of the Central Civil Services Rules envisages an imposition of a penalty on a Government servant on the ground of conduct which has led to his conviction on a criminal charge. The DDA Conduct, Disciplinary and Appeal regulations, 1999 also enables the Disciplinary Authority to impose any penalty where th










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