- (1.) THIS writ petition has been filed against the judgment and order of the Central Administrative tribunal dated 4. 1. 2008 whereby the Original Application No. 336 of 2007 of the present petitioner seeking quashing the order of punishment of dismissal from service dated 16. 3. 2007 has been dismissed.
(2.) THE facts giving rise to this petition are; the petitioner, while working in the Income-tax Department at Ghaziabad, was trapped and caught redhanded by the Central Bureau of Investigation while accepting bribe of Rs. 500/ -. He was put under suspension by the Department vide order dated 17. 6. 2002. Petitioner was put to trial and has been convicted by the competent criminal Court vide judgment and order dated 6. 4. 2006, after holding him guilty under the provisions of section 7 read with section 13 (1) (d) of the prevention of Corruption Act. Punishment of one year imprisonment and rs. 5000/- as fine had been imposed. Petitioner claims that he has filed an appeal against the said judgment and order of conviction and the Appellate Court has enlarged him on bail. Despite the order of bail, the petitioner has been dismissed from service vide order dated 16. 3. 2007 because of his being convicted by the competent Criminal Court. The appeal against the order of dismissal from service has also dismissed. The petitioner therefore approached the Tribunal where his claim has been rejected vide order dated 4. 1. 2008. Hence the present writ petition.
(3.) LEARNED Counsel for the petitioner has submitted that the order of dismissal of the petitioner from service merely on the ground of conviction is bad in view of the fact that he has been enlarged on bail, which amounts to stay of the conviction also.;