TMI Blog2007 (10) TMI 721X X X X Extracts X X X X X X X X Extracts X X X X ..... go rigorous imprisonment for two years each under Section 409 and 477A IPC. and further sentenced to undergo 1 year rigorous imprisonment and fine of Rs. 50Q/- under Sections 5(2) r/w 5(i)(c) of Prevention of Corruption Act. 198.9 with default stipulation to undergo simple imprisonment for three months. The provisional bail granted to the petitioner by the trial court after his conviction and sentence was confirmed on 9.04.2007 during the pendency of this appeal. 2. The learned Counsel submitted that after the impugned order of conviction and sentence the B.C.C.L, hereinafter referred to as the employer issued suspension order cum charge-sheet vide No. 378 dated 28th March, 2007 against the petitioner calling upon to submit his Written expl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the General Manager. Katras Area without any condition whatsoever pending criminal prosecution before the Special Court. Mr. Allam submitted that the appellant was earlier punished by the Management in the departmental enquiry and thereafter he was reinstated unconditionally. In the; facts and circumstances it was not proper for the management to initiate a fresh departmental enquiry for the same set of charges for which he was punished, dismissed and thereafter reinstated. 5. According to Mr. Allam the appellant has been convicted by the Special Judge, C.B.I, his further departmental proceeding is not sustainable as he cannot be punished twice for the same and similar charges and hence it is expedient for the ends of justice that the opera ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the convicted person does not suffer from a certain disqualification provided for in any other statute, it may exercise the power because otherwise the damage done cannot be undone; the disqualification incurred by Section 267 of the Companies Act and given effect to cannot be undone at a subsequent date if the conviction Is set aside by the appellate court. But while granting a stay or suspension of the order of conviction the Court must examine the pros and cons and if it feels satisfied that a case is made out for grant of such an order, It may do so and In so doing It may, If It considers it appropriate, impose such conditions as are considered appropriate to protect the Interest of the shareholders and the business of the Company. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Court of Special Judge, C.B.I, both were initiated simultaneously against the appellant. The appellant was held guilty in departmental proceeding and was dismissed from his service vide Company's letter No. IV/P.D./6575 dated 20/21.07.1987 but his mercy appeal was considered by the higher authorities which was ultimately allowed vide letter dated 24.12.90(Annexure-4) and was directed to report for duties to the General Manager, Katras Area without imposing any condition such as subject to the final decision of his criminal prosecution. Yet, according to the Interlocutory Application a charge-sheet has been served upon by putting him under suspension calling upon to show-cause as to why not disciplinary proceeding be initiated agains ..... X X X X Extracts X X X X X X X X Extracts X X X X
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