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1 - 10 of 16 (0.40 seconds)The Prevention of Corruption Act, 1988
Section 120B in The Indian Penal Code, 1860 [Entire Act]
Section 420 in The Indian Penal Code, 1860 [Entire Act]
Section 25 in The Prevention of Corruption Act, 1988 [Entire Act]
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
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.
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
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.
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