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Omprakash Sahni vs Jai Shankar Chaudhary And Anr. Etc. on 2 May, 2023

1.9 It is submitted that suspension of sentence is granted where there exists a fair chance of acquittal. The Hon'ble Supreme Court in Omprakash Sahni vs Jai Shankar Chaudhary & Anr., reported in (2023) 6 SCC 123, has held that where there are apparent and palpable infirmities in the prosecution case indicating 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS
Supreme Court of India Cites 26 - Cited by 92 - M R Shah - Full Document

State Of Punjab & Ors vs Rafiq Masih (White Washer) on 18 December, 2014

7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 15 actions must also fall, and therefore, the entire administrative exercise undertaken by the respondent deserves to be declared void ab initio. 3.12 It is further submitted that the applicant has a strong prima facie case, the balance of convenience lies in his favour, and irreparable loss would be caused if the impugned order is not set aside. Additionally, reliance is placed on the judgment of the Hon'ble Supreme Court in State of Punjab and others versus Rafiq Masih (White Washer) and others, (2015) 4 SCC 334, wherein it has been held that recovery from a retired employee's pension is impermissible in law. Therefore, even otherwise, the recovery sought to be effected by the respondent is illegal and liable to be quashed.
Supreme Court of India Cites 15 - Cited by 7379 - J S Khehar - Full Document

Union Of India And Others vs Shri Ramesh Kumar on 2 September, 1997

In this regard, reliance is placed on the judgment of the Hon'ble Supreme Court in Union of India vs. Ramesh Kumar, wherein it has been held that suspension of sentence does not wipe out the conviction and disciplinary action can be taken on the basis of the conduct leading to such conviction. It is further submitted that as per settled principles and 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS
Supreme Court of India Cites 5 - Cited by 66 - Full Document

K.C. Sareen vs C.B.I., Chandigarh on 2 August, 2001

8. On the first issue, it is evident that the applicant stands convicted by the competent criminal court for offences under the IPC and the Prevention of Corruption Act. Although the sentence has been suspended by the Hon'ble High Court, the conviction itself has not been stayed. The settled position of law, as laid down by the Supreme Court of India in K.C. Sareen v. CBI, (2001) 6 SCC 584, is that suspension of sentence does not wipe out the conviction. Therefore, the employer is entitled to take action on the basis of such conviction. Accordingly, the respondents were within their jurisdiction to invoke the relevant pension rules and pass an order affecting pensionary benefits.
Supreme Court of India Cites 12 - Cited by 413 - Full Document

M/S Kranti Asso. Pvt. Ltd. & Anr vs Masood Ahmed Khan & Ors on 8 September, 2010

10. In the present case, there appears to be substance in the contention of the applicant that the impugned order suffers from non-application of mind, particularly in view of the incorrect reference to the quantum of sentence and the failure to adequately deal with the specific defence raised, including the role attributed to the applicant and the observations made by the Hon'ble High Court while suspending the sentence. The requirement of recording reasons has been emphasized by the Supreme Court of India in Kranti Associates Pvt. Ltd. v. Masood Ahmed Khan, (2010) 9 SCC 496, wherein it was held that 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS
Supreme Court of India Cites 54 - Cited by 699 - Full Document
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