W.P. (S) No. 5057 of 2013. Case: Gour Chandra Mandal Vs Union of India and Ors.. Jharkhand High Court
| Case Number | W.P. (S) No. 5057 of 2013 |
| Counsel | For Appellant: Jai Prakash Jha, Sr. Advocate and Binod Kumar Jha, Advocate and For Respondents: Prashant Vidyarthy, C.G.C. |
| Judges | Harish Chandra Mishra and Dr. S.N. Pathak, JJ. |
| Issue | Indian Penal Code 1860, (IPC) - Section 161; Prevention of Corruption Act, 1988 - Sections 5(1)(d), 5(2) |
| Judgement Date | February 16, 2017 |
| Court | Jharkhand High Court |
Judgment:
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Heard learned counsel for the petitioner and learned counsel for the respondents.
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The petitioner is aggrieved by the order dated 7.1.2013, passed by the Central Administrative Tribunal, Patna Bench, [Circuit Court at Ranchi], in O.A. No. 65 of 2011(R), whereby the application, filed by the petitioner, challenging the letter dated 6.5.2010, issued by the O.S.D./Commissioner, Ministry of Coal, Government of India, Dhanbad, informing that he was not entitled to get the pension, under Rule 8 of the CCS [Pension] Rules, 1972, has been dismissed by the Central Administrative Tribunal.
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The facts of the case lie in a short compass. The petitioner was an employee of Coal Mines Labour Welfare Organisation [CMLWO, in short], appointed on 11.8.1971 and posted at BCCL and after merger of CMLWO with Coal India Limited w.e.f., 1.10.1986. The petitioner was working as Ward and Kitchen Servant, Central Hospital at Dhanbad. The petitioner was suspended vide order dated 15.1.1987 by the Medical Superintendent, Central Hospital, Dhanbad, as he was detained for more than 48 hours in police custody in connection with a criminal case, but subsequently he was taken into service and he was allowed to render his services till his retirement 20.5.2008, as no evidence was found against the petitioner in the enquiry made by the department. It is the case of the petitioner that during the entire service period of the petitioner, no departmental proceeding was ever conducted against him by the Coal India Ltd.
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However, the petitioner was convicted for the offence under Section 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act and Section 161 of the Indian Penal Code, on the allegation that while the petitioner was working in the TB Ward of Central Hospital, he had demanded Rs. 100/- from a patient for forwarding/placing his case papers before the In-charge of the ward of Central Hospital, Dhanbad. The said patient had lodged a complaint on 18.1.1997 with CBI, ACB, Dhanbad, in which, the petitioner had been convicted by the Trial Court. Against the said conviction, passed by the Trial Court, the petitioner moved the High Court and his conviction was maintained by the High Court also, but his sentence was reduced to the period already undergone and the fine of Rs. 500/- as imposed by the Trial Court was also maintained. The fact, however, remains that the petitioner continued in service till his retirement, i.e., 20.5.2008 and after his...
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