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TMI Blog2014 (1) TMI 1347X X X X Extracts X X X X X X X X Extracts X X X X ..... till to be examined by the disciplinary authority and finding recorded in the enquiry report yet not attained finality and at the same time there is judicial enquiry initiated against the delinquent petitioner and the charges proved beyond doubt and in the instant case charge of corruption was instituted against the petitioner and after regular trial he has been convicted by the competent court of jurisdiction u/S.7, 13(1)(d) read with 13 (2) vide judgment dt.28.7.2008, however, on appeal being preferred, sentence has been suspended by the Court of Appeal vide order dt.19.8.2008. Suffice it to say that at the stage show cause notice dt.22.8.2013 no suspicion or doubt can be attributed and it is always open for department to examine and t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inary enquiry was also initiated and memorandum along with statement of allegation was served upon the petitioner on 21.3.2005 under R.14 of the Rules 1965 and after the evidence was led by the parties, the enquiry officer prepared its report, but no action was further taken on the enquiry officer's report by the disciplinary authority, however, on the basis of conviction by the competent court of jurisdiction under the PC Act, a show cause notice came to be served upon the petitioner under R.19 of the Rules 1965 dt.22.8.2013 and at this stage the petitioner approached the Tribunal by filing original application (OA) which came to be dismissed vide order impugned. The main thrust of counsel for petitioner is that in the departmental enqui ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... initiated against the petitioner is concerned, it is pending at the stage where enquiry officer has submitted its report and as per procedure provided under R.14 of Rules 1965 enquiry officer's report is still to be examined by the disciplinary authority and finding recorded in the enquiry report yet not attained finality and at the same time there is judicial enquiry initiated against the delinquent petitioner and the charges proved beyond doubt and in the instant case charge of corruption was instituted against the petitioner and after regular trial he has been convicted by the competent court of jurisdiction u/S.7, 13(1)(d) read with 13 (2) vide judgment dt.28.7.2008, however, on appeal being preferred, sentence has been suspended by the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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