- (1.) THE present Interlocutory Application has been preferred by the appellant Tribhuwan Prasad Singh for stay/suspension of operation of conviction order dated 12-3-2007 passed by Shri V. S. Singh, Special Judge, c. B. I.-cum-13th Addl. Sessions Judge, Dhanbad in R. C. Case No. 16-A/1986-D whereby and whereunder the appellant was held guilty of the charges under sections 409/447-A, I. P. C. as also under section 5 (2) r/w Section 5 (i) (c) of the Prevention of Corruption Act and sentenced to undergo rigorous imprisonment for two years each under Sections 409 and 477-A, i. P. C. and further sentenced to undergo 1 year rigorous imprisonment and fine of Rs. 500/- under Sections 5 (2) r/w 5 (i) (c) of Prevention of Corruption Act, 1988 with default stipulation to undergo simple imprisonment for three months. The provisional bail granted to the petitioner by the trial Court after his conviction and sentence was confirmed on 9-4-2007 during the pendency of this appeal.
(2.) THE learned Counsel submitted that after the impugned order of conviction and sentence the B. C. C. L. , hereinafter referred to as the employer issued suspension order cum charge-sheet vide No. 378/dated 28th march, 2007 against the petitioner calling upon to submit his written explanation as to why not disciplinary action be taken against him for his conviction and sentence under Sections 409/477-A, I. P. C. and under the provisions of P. C. Act which was a misconduct under Rules 26. 1. 19 and prescribes punishment (Annexure-1) and by the said letter he was put. under suspension.
(3.) MR. A. Allam with reference to Annexure-2 of the interlocutory Application submitted that by the office Border dated 6-4-2007 shri S. Bhushan, Sr, Personnel Officer was appointed as Enquiry Officer to conduct the enquiry into the charges as framed against the petitioner (Annexure-1) and Shri k. N. Ambastha, P. M. (Admn.), Katras Area, was appointed as presenting officer to represent the case before the Enquiry Officer.;