Disciplinary Action Against Govt. Employee For Conviction In Criminal Case Not Barred Due To Suspension Of Sentence
In Life Insurance Corporation of India vs Mukesh Poonamchand Shah, was found guilty by a CBI Court in 2014 for offences under Sections 13(1)(d) and 13(2) of the Prevention of Corruption Act and Section 120B read with Sections 420, 467, 468 and 471 of the Penal Code. The employee was served with a show cause notice by the LIC proposing to impose the penalty of removal from service in view of his conviction by the Special Judge, CBI. This was challenged by the employee by filing a writ petition on the ground that disciplinary action cannot proceed during the pendency of criminal appeal. The single bench did not accept this and dismissed the writ petition. In further appeal by him, the division bench allowed the plea, restraining LIC from acting against him till his criminal appeal is disposed of. Challenging this, the LIC approached the SC. At the outset, the SC noted that only the sentence has been suspended in the criminal appeal, and not the conviction. The Court also noted that