VIGILANCE MANUAL VOLUME III - AP Online

778 DECISION -395
by trial court, no bar to taking disciplinary
proceedings on the basis of conduct which led to
conviction.
(ii) Where the Government servant is found guilty
of corruption by a criminal court, it may not be
advisable to retain such person in service until
conviction is set aside.
Deputy Director of Collegiate Education vs. S. Nagoor Meera,
1995 (2) SLR SC 379 : AIR 1995 SC 1364
The respondent was Superintendent in the office of the
Regional Deputy Director, Collegiate Education, Madurai and he was
convicted under sec. 420 IPC and sec. 5 of Prevention of Corruption
Act, 1947 (corresponding to sec.13 of P.C. Act, 1988) and sentenced
to one year RI and a fine of Rs.1000. On an appeal filed by the
respondent on 14.2.91, the High Court suspended the sentence and
released him on bail. A show cause notice was issued on 27-10-93
calling upon him to show cause why he should not be dismissed
from service. The Tamil Nadu Administrative Tribunal quashed the
notice on the ground that the criminal proceedings are being continued
in the appellate court and the applicant cannot be proceeded against
until they are concluded and further that there was inordinate delay
of two years and eight months in issuing the show cause notice.
The Supreme Court observed that what is really relevant is
the conduct of the Government servant which has led to his conviction
on a criminal charge. The respondent has been found guilty of
corruption by a criminal court and until the said conviction is set aside
by the appellate or other higher court, it may not be advisable to
retain such person in service. Supreme Court also observed that
the delay, if it can be called one, in initiating the proceeding has been
property explained as due to obtaining legal opinion whether action
could be taken in view of the order of the High Court suspending the
sentence. Supreme Court set aside the order of the Tribunal.
(A) Double jeopardy
(396)