Supreme Court - Daily Orders
Vijay Pratak Singh Chauhan vs Union Of India on 5 January, 2018
Bench: A.K. Sikri, Ashok Bhushan
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL No(s). /2018
(ARISING OUT OF CIVIL APPEAL Diary No(s). 31591/2017
VIJAY PRATAP SINGH CHAUHAN APPELLANT(s)
VERSUS
UNION OF INDIA & ORS. RESPONDENT(s)
O R D E R
We find that the services of the appellant have been terminated after it was found that he has been convicted for an offence under Sections 498A, 304B and 120 of the Indian Penal Code, 1860 in a criminal case in which he has also been awarded imprisonment for ten years. No doubt, the appellant has filed an appeal thereagainst which is pending in the High Court. However, there is no suspension order of conviction and only sentence has been suspended. Once the conviction stands as of today it was open to the respondent to terminate the services on that basis. In case, the appeal of the appellant is allowed and he is acquitted it would Signature Not Verified Digitally signed by be open for him to make a representation to the concerned authority ASHWANI KUMAR Date: 2018.01.09 16:20:44 IST Reason: in this behalf.
2The instant appeal is dismissed on the ground of delay as well as on merits.
......................J. [A.K. SIKRI] ......................J. [ASHOK BHUSHAN] NEW DELHI;
JANUARY 05, 2018.
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ITEM NO.8 COURT NO.5 SECTION XVII
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
CIVIL APPEAL Diary No(s). 31591/2017 (Arising out of impugned final judgment and order dated 10-10-2012 in TA No. 1223/2010 passed by the Armed Forces Tribunal) VIJAY PRATAK SINGH CHAUHAN Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) ( IA No.136670/2017-CONDONATION OF DELAY IN FILING and IA No.136675/2017-EXEMPTION FROM FILING O.T. and IA No.136672/2017-CONDONATION OF DELAY IN REFILING and IA No.136665/2017-LEAVE TO APPEAL U/S 31(1) OF THE ARMED FORCES TRIBUNAL ACT, 2007) Date : 05-01-2018 This petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE A.K. SIKRI HON'BLE MR. JUSTICE ASHOK BHUSHAN For Petitioner(s) Mr. S.S. Tiwari, Adv.
Mr. Tilak Raj Pasi, Adv.
Mr. Satyapal Khushal Chand Pasi, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R The appeal is dismissed in terms of the signed order. Pending application(s), if any, stands disposed of accordingly.
(ASHWANI THAKUR) (MALA KUMARI SHARMA) COURT MASTER COURT MASTER
(Signed order is placed on the file)