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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RANJAN SHARMA
Pritam Singh – Appellant
Versus
Himachal Road Transport Corporation – Respondent
| Table of Content |
|---|
| 1. petition challenges removal post-conviction during custody. (Para 1 , 2 , 3 , 4) |
| 2. ccs(cca) rule 19 mandates post-conviction penalty consideration. (Para 5 , 6) |
| 3. conviction does not warrant automatic removal; consider circumstances. (Para 7 , 8 , 9 , 10 , 11 , 12) |
JUDGMENT :
Ranjan Sharma, Judge
Petitioner [Pritam Singh] has filed two writ petitions [CWPOA No. 3249 & 6860 of 2020] with the following prayers.
Prayer in CWPOA No. 3249 of 2020
Petitioner, Pritam Singh, after having removed from service has assailed the removal orders dated 15.01.2016 [Annexure A-1], seeking the following reliefs:-
(i) That the impugned officer order dated 15.01.2016 [Annexure A-1] may kindly be quashed and set aside.”
(ii) That the respondents may kindly be directed to reinstate the applicant in service with all consequential benefits.
(iii) That the respondents may kindly be directed to decide the pending appeal of the applicant [Annexure–A-2] within a time bound period.
(iv) That the respondents may kindly be directed to regularize the services of the applicant without any discrimination after completion of one year with all consequential benefits like; seniority pay- fixation and arrears
Removal from service post-criminal conviction not automatic under Rule 19(i) CCS(CCA) Rules; requires disciplinary authority's active consideration of all circumstances, effective representation oppo....
Conviction on criminal charge does not trigger automatic removal under Rule 19 CCS(CCA) Rules; must record reasons to dispense with inquiry, consider offence nature, service impact, and afford repres....
Rule 19 of CCS CCA Rules reads as penalty imposed on a Government servant on ground of conduct which has led to his conviction on a criminal charge.
Departure from regular disciplinary inquiry under Rule 14(ii) RS(D&A) Rules requires specific recorded reasons for impracticability; vague satisfaction invalidates removal order, especially with crim....
Criminal conviction enables disciplinary action under Rule 19 CCS(CCA) Rules for removal despite prior departmental penalty under Rule 14; deemed suspension under Rule 10(2)(b) valid from conviction ....
Unless there exists an enabling provision either in the applicable service rules or any other provision of law it would not be open for the disciplinary authority to pass an order in respect of contr....
Conviction under the Prevention of Corruption Act justifies removal from service, with distinctions among similarly convicted employees not supporting claims of discrimination or negative equality.
Suspension of a conviction does not render it final; removal based on such misinterpretation violates legal principles governing disciplinary actions.
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