The exercise of power under Rule 19(i) of the CCS(CCA) Rules, 1965, cannot be sustained in the absence of a criminal conviction.

Acting CJ The petitioner, in this writ application, challenges the order in Annexure-A/3 dated 20.7.2006 passed by the Director of Sericulture, Manipur dismissing him from service in exercise of powers conferred by Rule 19(i) of the Central Civil Services (Classification Control & Appeal)Rules, 1965.

2. The brief facts of the case are that the petitioner, while working as Farm Overseer in the Directorate of Sericulture, was placed under suspension on 28.5.2004 in contemplation of a departmental proceeding. The order of suspension continued for a considerable length of time without initiation of departmental proceeding in contemplation of which petitioner had been placed under suspension. The petitioner submitted a representation on 3.4.2006 to revoke the order of suspension and reinstate him in service. However, by order dated 20.7.2006 in Annexure-A/3 he was dismissed from service dispensing with the departmental proceeding in exercise of powers conferred by Rule 19(i) of the CCS(CCA) Rules, 1965.

3. It is the case of the petitioner that he had not been convicted by any court of law and therefore exercise of powers conferred under Rule 19(i) of the CCS(CCA) Rules, 1965 is illegal and uncalled for.

4. A counter affidavit has been filed on behalf of the respondents and it is stated in the counter affidavit that the petitioner passed Hindi Parichei Examination under Rastra Vasha Wardha Examination, Toribari Kendra, Kangpokpi, Manipur in the year, 1978. He entered into service in the year 1981 on the basis of the Hindi Parichei Examination which is equivalent to HSLC examination. After joining service, the petitioner also appeared HSLC examination of the Board of Secondary Education, Manipur and passed in the year 1982. For the purpose of verification of the date of birth when the petitioner was asked to produce Certificates in support of his claim that he had passed Hindi Parichei Examination in 1978 and HSLC examination in 1982, he produced the Certificate of HSLC examination. On the basis of report of the Director of Vigilance, Manipur in connection with said certificate declared to be fake one, he was placed under suspension in contemplation of a departmental enquiry. A Memorandum of charge was issued on 17.9.1982 and Presenting Officer was appointed. However, no enquiry could be held and in view of admission of the petitioner during vigilance enquiry, he was dismissed from service in exercise of powers conferred under Rule 19(i) of CCS (CCA) Rules, 1965.

5. The relevant provision empowering the authority to exercise powers under Rule 19(i) of the CCS (CCA) Rules, 1965 is quoted below:

“19

(i) where any penalty is imposed on a Government servant on the ground of conduct which has led to his conviction on a criminal charge.”

6. A bare perusal of the said provision indicates that in order to exercise powers under Rule 19(i) of the said Rules, the concerned official must be convicted in a criminal case. Admittedly, in the present case, the petitioner has not been found guilty of allegation by any court of law and has not been convicted for commission of any offence. Though the departmental proceeding was initiated, it was not pursued and on the basis of alleged admission on the part of the petitioner in course of vigilance enquiry, the impugned order of dismissal from service has been passed. Since Rule 19(i) of the CCS(CCA) Rules, 1965 does not contemplate passing of an order of punishment in absence of conviction in a criminal case, exercise of such power in absence of conviction in a criminal case by the Director is illegal and cannot be sustained. We, therefore, set aside the order at Annexure-A/3 dt. 20th July, 2006 and direct that the petitioner be reinstated in service forthwith. However, we also direct that in the event the Director of Sericulture decides to proceed against the petitioner departmentally on the basis of the report of the vigilance Department, he shall be free to do so.

7. Writ application is disp