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2014 Supreme(HP) 1704

RAJIV SHARMA, SURESHWAR THAKUR
Rakesh Kapoor – Appellant
Versus
State of H. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Dilip Sharma, Sr. Advocate, with Mr. Umesh Kanwar, Advocate.
For the respondents:Mr. M.A.Khan, Addl. Advocate General with Mr. P.M.Negi, Dy. AG and Mr. Ramesh Thakur, Asstt. AG.

JUDGMENT :

Rajiv Sharma, J.

FIR No. 1 of 2003 dated 5.5.2003 was registered against the petitioner under Sections 7 & 13 (2) of the Prevention of Corruption Act, 1988 at Police Station, Anti Corruption Zone, Dharamshala. The petitioner was served with memorandums dated 24.12.2004 and 5.4.2005 vide Annexures P-1 and P-2, respectively. The petitioner filed OA (D) No. 126 of 2005 before the erstwhile H.P. Administrative Tribunal assailing the initiation of departmental proceedings against him pending criminal trial. The learned Tribunal granted interim stay on 19.5.2005. The petitioner was convicted and sentenced under Sections 7 & 13 (2) of the Prevention of Corruption Act, 1988 on 16.10.2008 by the learned Special Judge, Kangra at Dharamshala. He was sentenced to undergo two years rigorous imprisonment and to pay fine of Rs. 10,000/- and in default of payment of fine, he was ordered to undergo further simple imprisonment for six months. The petitioner was removed from service on 2.3.2010. A decision was taken vide Annexures P-5 and P-6, respectively that since master-servant relationship was severed after the removal of the petitioner, departmental proceedings were ordered to be close

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