Yes, in case of conviction in a corruption case by the trial court, the department has power to dismiss the Government servant even during the pendency of appeal before high court.
For example, Rule 19 of the Central Civil Services (CCA) Rules gives power to the competent authority to impose penalty on a government servant after conviction, even without conducting a regular departmental inquiry. This Rule is quoted below (other Governments have similar rules, generally):
“19. Special procedure in certain cases
Notwithstanding anything contained in rule 14 to rule 18-
(i) where any penalty is imposed on a Government servant on the ground of conduct which has led to his conviction on a criminal charge, or
(ii) where the disciplinary authority is satisfied for reasons to be recorded by it in writing that it is not reasonably practicable to hold an inquiry in the manner provided in these rules, or
(iii) where the President is satisfied that in the interest of the security of the State, it is not expedient to hold any inquiry in the manner provided in these rules,
the disciplinary authority may consider the circumstances of the case and make such orders thereon as it deems fit:
Provided that the Government servant may be given an opportunity of making representation on the penalty proposed to be imposed before any order is made in a case under clause (i):
Provided further that the Commission shall be consulted, where such consultation is necessary, before any orders are made in any case under this rule.”
Please also keep in mind when you file an appeal in high court against conviction, under Section 389 of the Cr.P.C., the high court has two types of powers:
(1) to suspend the sentence (which is like granting bail);
(2) to suspend the order appealed against (this should be equivalent to suspension of conviction, but in corruption cases, there are judgments, as per which even after the order appealed against has been suspended by the appellate court, the department may still impose penalty on convicted government servant).
Getting subsistence allowance from the Government would not be possible (during pendency of high court decision in appeal) if the Government dismisses you from service meanwhile. This allowance is given only during suspension. But, if the government servant is dismissed, then this allowance would not be given.
But, subsequently, if you win from high court, then depending on the high court decision, the period of dismissal may be considered as suspension period, and depending on orders of court, it may perhaps be possible to subsequently claim allowance during that period if it is considered as suspension period.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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