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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW
Rajan Roy, Rajeev Bharti
Union of India Thru. Secy. Ministry Home Affairs C.g.o. Complax New Delhi – Appellant
Versus
Vijay Kumar Pandey – Respondent
| Table of Content |
|---|
| 1. the respondent's employment removal was challenged. (Para 2 , 4 , 5 , 10 , 11) |
| 2. grounds for dismissal based on conduct rules. (Para 12 , 18 , 19) |
| 3. procedure and basis for disciplinary action questioned. (Para 20 , 21 , 22) |
| 4. revocation of disciplinary proceedings due to lack of conviction. (Para 23 , 24) |
| 5. judgment sustains quashing of removal but addresses dues. (Para 26 , 27 , 29) |
| 6. court's final order on appeal resolution. (Para 31) |
JUDGMENT :
Rajan Roy, J.
1. Heard Shri S.B. Pandey, learned Senior Advocate & D.S.G.I. assisted by Shri Anand Dwivedi, learned Counsel for the appellants and Shri Durgesh Mishra, learned Counsel for the respondent.
2. This special appeal has been filed by the Union of India challenging the judgement and order dated 21.8.2024 passed by learned Single Judge in Writ -A No.22248 of 2021 (Vijay Kumar Pandey Vs. Union of India and others ) by which the writ petition filed by the respondent petitioner has been allowed.
3. In the writ petition, the petitioner sought the following reliefs :-
" i) Issue a writ, order or direction in the nature of Certiorari quashing impugned orders dated 17.12.2019; 04.02.2020 & 16.03.2021 passed by opposite par
Removal of an employee under disciplinary proceedings requires concrete evidence of misconduct, not mere allegations or incarceration without conviction.
Disciplinary removal of an employee based solely on incarceration without conviction is improper and lacks legal basis.
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 under the Prevention of Corruption Act justifies removal from service, with distinctions among similarly convicted employees not supporting claims of discrimination or negative equality.
Service matter - Criminal Cases pending - Order of removal - Quash of - While passing order of termination for giving false information, the employer may take note of special circumstances of case if....
Suspension of a conviction does not render it final; removal based on such misinterpretation violates legal principles governing disciplinary actions.
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