MEERA CHHIBBER - (1.) Applicant has challenged order dated 18.9.2009 whereby he has been terminated. He has further sought a direction to the respondents to pay him allowances as he was getting or is being entitled to during his suspension period as per relevant rules and law.
(2.) It is submitted by the applicant that he had joined as a Mali on ad hoc basis in the year 1984 with the respondents. Unfortunately, in the year 2005 he was implicated in a false case. In view of above, he was suspended vide order dated 18.9.2005. Vide judgment dated 27.5.2009, he was convicted for the offences under Sections 7 and 13 (2) of the Prevention of Corruption Act. Being aggrieved, he had filed an appeal before the Honble High Court of Delhi and vide order dated 5.6.2009 the sentence of the applicant was suspended till the disposal of the appeal (page 11). Despite that, applicant has been terminated vide order dated 18.9.2009.
(3.) It is submitted by the counsel for the applicant that applicant has been terminated in a mechanical manner without application of mind, in a mala fide conduct and has also been denied the subsistence allowance illegally. It is submitted by the counsel for the applicant that the applicant is the only earning member in the family and his family consisting of 4 members is dependent on the income earned by him. He has no other source of income, therefore, the order may be quashed.;