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IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
Hon'ble Rajan Roy,J. and Hon'ble Rajeev Bharti,J.
Union Of India Thru. Secy. Ministry Home Affairs C.G.O. Complax New Delhi And 4 Others – Appellant
Versus
Vijay Kumar Pandey – Respondent
| Table of Content |
|---|
| 1. challenge to removal order based on writ petition. (Para 2 , 3 , 4 , 5 , 6) |
| 2. removal based on incarceration without conviction. (Para 8 , 10 , 11) |
| 3. legal provisions for discipline and conduct. (Para 12 , 13 , 18 , 19) |
| 4. disciplinary action requires factual basis. (Para 20 , 21 , 22 , 25) |
| 5. decision on suspension and dues to follow regulations. (Para 27 , 28 , 29) |
| 6. modification to compensation order in part. (Para 30 , 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 Appeal 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 party no. 5
Disciplinary removal of an employee based solely on incarceration without conviction is improper and lacks legal basis.
Removal of an employee under disciplinary proceedings requires concrete evidence of misconduct, not mere allegations or incarceration without conviction.
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....
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....
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.
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