Stay of conviction does not erase prior conviction; disciplinary authority may act despite appeal pending.

ORDER

Per: RANJANA SHAHI, JUDICIAL MEMBER

The present Original Application has been filed by the applicant praying for the following reliefs: -

"8.1 That by a suitable writ/order or the directions the impugned order dated 19/3/2020 received on 19/6/2020 be quashed and set aside being arbitrary, illegal, unjust and contrary to the observations made by different courts.

8.2 That by a suitable writ/order or the directions, the order dated 27/6/2019 with the order dated 25/10/2019 be quashed and set aside.

8.3 That by a suitable writ/order or the directions the respondents be directed to reinstate the applicant on his post with all the consequential benefits as the order of conviction has been stayed by the Hon’ble Rajasthan High Court vide its order dated 2/7/2019.

8.4 Any other order or direction which may be deemed fit and proper as per facts and circumstances of the case may be passed by this Hon’ble tribunal in favour of the applicants.”

2. Brief facts of the case, as stated by the applicant, are that an FIR bearing No. 231/2015 was lodged on 24.04.2015 against him by Shri A.K. Jain, Senior Audit Officer, and he was convicted of the offence under Section 324 IPC and sentenced to undergo imprisonment for a period of three years along with fine of Rs. 50,000/- by the learned trial court vide order dated 28.02.2019. The applicant further stated that the respondents had also served Charge-Memo dated 09.07.2015 along with covering letter dated 11.12.2015 (Annexure A/4) upon him under Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965. On his conviction, the Disciplinary Authority imposed major penalty of dismissal from service under Rule 11 (ix) of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, vide order dated 27.06.2019 (Annexure A/2) on the grounds of misconduct and conviction for a criminal charge under Section 324 IPC, against which he filed appeal dated 31.07.2019, which was dismissed vide order dated 19.03.2020 by the appellate authority and the same was communicated to the applicant vide letter dated 19.06.2020 (Annexure A/1).

3. In the meanwhile, the applicant filed a Criminal Appeal No. 390/2019 along with Criminal Misc. Stay Application No. 3892/2019 against his conviction before the Hon’ble High Court of Rajasthan, Jaipur Bench and vide order dated 02.07.2019 in the aforesaid Criminal Misc. Stay Application No. 3892/2019, the Hon’ble High Court stayed his conviction dated 28.02.2019; as such, the applicant has filed the present O.A. praying for quashing and setting aside the aforesaid impugned orders and for his reinstatement in the service on the ground that his conviction has been stayed by the Hon'ble High Court of Rajasthan, Jaipur Bench.

4. The question before us is whether the staying of the conviction automatically entitles the applicant to get reinstated in service. The relevant provision of Rule 19 of the Central Civil Services (Classification, Control and Appeal)

Rules, 1965 is reproduced as below: -

"19. Special procedure in certain cases Notwithstanding anything contained in rule 14 to Rule 18 -

(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, or

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the Disciplinary Authority may consider the circumstances of the case and make such orders thereon as it deems fit:

Provided that the Government servant may be given an opportunity of making representation on the penalty proposed to be imposed before any order is made in a case under clause (i):

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GOVERNMENT OF INDIA’S DECISIONS

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(2) Action on conviction — On a criminal charge. - The following principles should apply in