C.W.P. No. 18719 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 18719 of 2009 Date of decision: 07.12.2009 Balbir Singh ....Petitioner Versus Dakshin Haryana Bijli Vitran Nigam and another ....Respondents CORAM: HON'BLE MR. JUSTICE VINOD K. SHARMA Present: - Mr. Atul Lakhanpal, Sr. Advocate, with Mr. Manav, Advocate, for the petitioner. ***** VINOD K. SHARMA, J (ORAL) The petitioner seeks a writ of certiorari under Article 226 of the Constitution of India, to quash the order of his dismissal attached as Annexure P-3. The order passed against the petitioner reads as under: - “FIR No. 31 dated 27.12.2005 under section 7/13, 49/88 of Prevention of Corruption Act 1988 was registered against Sh. Balbir Singh, AFM while posted in Xen/OP Divn No. 1 DHVBN Hissar by State Vigilance Bureau Hisar Range, Hisar. The said case was tried by Additional Sessions Judge-cum-Special Judge Hisar and judgment was announced on 20/26.8.2009. The learned Court vide judgment dated 26.8.2009 held Sh. Balbir Singh AFM guilty for the offences under Section 7 of the PC Act and convicted him and also ordered the accused to undergo the following sentence: The the ends of justice shall be fully met, if the convict is sentenced to undergo rigorous imprisonment for a period C.W.P. No. 18719 of 2009 -2- of two years and to pay a fine of Rs.5000/- for the offence under Section 7 of the Prevention of Corruption Act 1988. In default of payment of fine, the accused shall further undergo rigorous imprisonment for a period of six months. I order accordingly. The accused be taken in custody. The period undergone by the accused during investigation and trial shall be set off as per provision of Section 428 Code of Criminal Procedure. Undersigned being the competent authority in case of AFM has gone through the facts of the case. Since Sh. Balbir Singh, AFM has been convicted by the Additional Sessions Judge-cum-Special Judge Hisar for an offence involving moral turpitude. So, keeping in view of the conduct which led to his conviction for an offence involving moral turpitude, he is not entitled to be retained in the services of Dakshin Haryana Bijli Vitran Nigam Limited (DHBVNL). Thus he is liable to be dismissed from the services of DHBVNL. As such, Sh. Balbir Singh, AFM working in the office of Xen/T&S, Divn, DHBVNL, Hisar is hereby dismissed from the services of DHBVNL with immediate effect. The intervening period i.e. from 26.8.2009 the date of conviction of the official by the Hon'ble Court of Additional Sessions Judge-cum-Special Judge Hisar till the date of dismissal will be treated as deemed suspension.” The petitioner, while in employment, was charged under Sections 7, 13 and 49 of the Corruption 27.12.2005. The petitioner stands convicted under Section 7 of the Prevention of Corruption Act, and has been awarded two years' rigorous imprisonment and a fine of Rs.5,000/- (Rupees five thousand only) by the learned Special Judge vide conviction and sentence dated 20.8.2009 and 26.8.2009. In appeal, filed by the petitioner, sentence has been stayed, and C.W.P. No. 18719 of 2009 -3- the petitioner has been granted bail. The learned counsel appearing on behalf of the petitioner challenges the impugned order on the plea, that the order passed is in violation of principles of natural justice, as no notice was given to the petitioner before ordering his dismissal. Learned counsel for the petitioner referred to Rule 5-A of the Dakshin Haryana Bijli Vitran Nigam Employees (Punishment & Appeals) Regulations 2006, to contend that even, in case of conviction, the petitioner was required to be issued show cause notice. This contention of the learned counsel for the petitioner cannot be accepted. The petitioner has been convicted and the authority while dismissing him from service has taken into consideration the conduct, which led to his conviction. The impugned order cannot be said in any way in violation of principles of natural justice. No merit. Dismissed. (Vinod K. Sharma) Judge December 07, 2009 R.S.