Munishwar Nath Bhandari, J. - (1.) BY this writ petition, a challenge is made to the order dated 08.03.2010 whereby petitioner has been dismissed from service on account of conviction in the case registered under Sections 13(1)(d) & 13(2) of Prevention of Corruption Act. Learned counsel submits that appeal has been preferred, thus till the decision of appeal against the order of conviction, the impugned order of dismissal should not have been passed, accordingly interference should be caused by the Court. A reference of judgment of Delhi High Court in the case of Commissioner of Police v. Shri Brij Pal Singh in Writ Petition (Civil) No. 1044/2008 has been given.
(2.) I have considered the submissions made by learned counsel and find that under Rule 19 of Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (for short "CCA Rule"), one can be terminated if convicted in criminal case. The rule aforesaid is quoted hereunder for ready reference: 19. Special procedure in certain cases. - Notwithstanding anything contained in rules 16, 17 and 18, (i) where a penalty is imposed on a Government Servant on the ground of conduct which has led to his conviction on a criminal charge; or (ii) where the Disciplinary Authority is satisfied for reasons to be recorded in writing that it is not reasonably practicable to follow the procedure prescribed in the said rules; or (iii) Where the Governor is satisfied that in the interest of the security of the State, it is not expedient to follow such procedure, the disciplinary Authority may consider the circumstances of the case and pass such orders as it deems fit. Provided that the Commission shall be consulted before passing such orders in any case in which such consultation is necessary. Note: -If any question arises whether it is reasonably practicable to give any person a opportunity of showing cause under clause (2) of Article 311 of the Constitution, the decision thereon of the authority empowered to dismiss, or remove such person or to reduce him in rank, as the case may be, shall be subject to only one appeal to the next higher authority. In view of above, dismissal of petitioner is based on conviction, thus cannot be said to be illegal. The pendency of appeal does not mean or washout the order of conviction. It is moreso when, conviction has not been stayed but it is sentence, which was stayed. The order of dismissal is not basis of sentence but conviction in the case under Prevention of Corruption Act. In the background aforesaid, no illegality is attached to the order impugned herein. Now, it is settled law that pendency of appeal is not to the benefit of accused.
(3.) IN view of discussion made above, no case is made out for causing interference in the impugned order. Accordingly, the writ petition so as the stay application are dismissed. It is, however, made clear that if appeal against the conviction order is allowed, this judgment will not come in the way of petitioner to make claim as a consequence thereof.;