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2018 Supreme(Del) 2068

C.HARI SHANKAR
Subhash Chand – Appellant
Versus
State of NCT Delhi – Respondent


Advocates Appeared:
For the Petitioner: Mr. Kamal Kant Jha, Mr. Krishna Kumar, Mr. P. Mathur and Mr. Siddharth Jha, Advs.
For the Respondent: Ms. Avnish Ahlawat, Standing Counsel, GNCTD with Ms. Palak Rohmetra, Adv.

JUDGMENT :

1. This writ petition assails the memorandum dated 12th September, 2018, issued to the petitioner by the Secretary, Legislative Assembly, NCT of Delhi in his capacity as disciplinary authority of the petitioner. This memorandum reads thus :

“MEMORANDUM

WHEREAS Shri Subhash Chandra, Junior Assistant (Grade IV DASS) has been convicted on a criminal charge by the Hon’ble Court of Shri A.S. Yadav, Spl Judge on 06.07.2010 u/s 7 and 13(1)(d) punishable u/s 13(2) of the Prevention of Corruption Act, 1988 and sentenced to undergo Rigorous Imprisonment for a period of two years and a fine of Rs. 10,000/-,

And WHEREAS on a careful consideration of the inquiry report submitted by Shri L.S. Yadav, Inquiry Officer under Rule 14 (copy of which was already provided to Shri Subhash Chandra) and the reply of Shri Subhash Chandra to the inquiry report, the undersigned has provisionally come to the consclusion that Shri Subhash Chandra is not a fit person to be retained in service and accordingly proposes to impose on him the penalty of dismissal from service’

NOW, THEREFORE, Shri Subhash Chandra is hereby given an opportunity of making representation on the penalty proposed above Any represent

































































































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