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Judgment
Maninder S. Bhatti, J
Learned counsel for the petitioners contends that vide impugned memorandum dated 21.11.2023 (Annexure P/6), the respondents have directly taken a decision to impose a penalty of removal upon the petitioners in purported exercise of powers conferred under Rule 19 (1) of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 (hereinafter referred to as "Rules, 1965").
It is contended by the counsel for the petitioners that the respondents have already made up their mind and therefore, the memorandum is an empty formality. It is further contended by the counsel that even upon conviction, the authorities are required to afford the opportunity of hearing to the petitioners in terms of the proviso contained in Rules 19 (1) of CCS (CCA) Rules, 1965.
The counsel for the petitioners has placed reliance on the decision of Division Bench of this Court in W.P.No.1605/2018 (Rajendra Prasad Chourey vs. Union of India and Others) dated 27.01.2023.
A perusal of the memorandum dated 21.11.2023 contained in Annexure P/6 reflects that the respondents upon conviction of the petitioners for the offences committed by them under Sections 7, 13(2) and 13(1)(d) of Prevention of Corruption Act r/w Section 120-B of IPC have issued the memorandum to the petitioners. The said memorandum prima facie appears to be in tune with Rule 19 of Rules, 1965.
Therefore, at this stage, this Court is not inclined to pass any interim order.
Learned counsel for the petitioners is permitted to serve the respondents by Dasti notice.
Requisite in that regard be filed within three working days, returnable within 10 days.
List on 15.12.2023