Impact of conviction in corruption case on job of public servant during appeal

[Anonymous]

If any Public servant is convicted by special court in corruption case and he will be applying in high court. so what will be the impact of conviction on his job and whether he can put a stay on conviction through high court appeal so that he can continue his job, till the high court decision.

[Dr. Ashok Dhamija]

It is noteworthy that Section 389 of the Criminal Procedure Code provides for the power of the appellate court to suspend the execution of the sentence or order appealed against.

But, the experience shows that generally the high court will not suspend the conviction in a corruption case during pendency of the appeal against conviction. However, the execution of the sentence may generally be suspended during the appeal.

In view of this reason, usually, the public servant may be dismissed or removed from service after his conviction in a corruption case even during the pendency of the appeal against such conviction.

     

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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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