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Judgment
The applicant has challenged the order dated 16.05.2018, whereby, on the basis of his conviction in criminal case arising out of FIR No. 117/2007, under Sections 325/149 of the IPC, a penalty of dismissal from service was imposed upon him.
Learned counsel for the applicant submits that the aforesaid order of the disciplinary authority was not disclosed to the applicant at the relevant stage. It is further submitted that the appeal preferred against the said order was also rejected, compelling the applicant to approach this Tribunal by filing the present Original Application.
Simultaneously, the applicant had also challenged the judgment of conviction dated 16.09.2017 passed by the learned trial court at Kishangarh, District Alwar, Rajasthan, whereby he was convicted for the aforesaid offences.
Learned counsel for the applicant submits that the appeal against the judgment of conviction has since been finally decided by the learned District and Sessions Court on 17.03.2026. The applicant has been extended the benefit of Section 12 of the Probation of Offenders Act, 1958.
Learned counsel for the applicant submits that, in view of the appellate judgment, M.A. No. 2993/2026 has been filed seeking to place the said judgment on record.
Learned counsel appearing for the respondents does not dispute the factual position and submits that the judgment of the appellate court has been received.
We note that the order passed by the disciplinary authority was founded upon the judgment of conviction rendered by the learned trial court. Since the judgment of conviction has subsequently been interfered with by the appellate court and the applicant has been extended the benefit of Section 12 of the Probation of Offenders Act, 1958, it would be appropriate to remit the matter to the disciplinary authority for reconsideration.
Accordingly, the impugned order is set aside and the matter is remitted to the disciplinary authority to reconsider the case of the applicant afresh, taking into consideration the judgment dated 17.03.2026 passed by the appellate court and all other relevant material on record.
The disciplinary authority shall pass a reasoned and speaking order in the matter within a period of three months from the date of receipt of a copy of this order.
The applicant shall be at liberty to place a copy of the appellate judgment and any other relevant material before the disciplinary authority.
The O.A. is disposed of in the above terms. Pending M.A., if any, also stands disposed of. No order as to costs.