anticurrption act
d.prabhakar rao
(Querist) 30 April 2009
This query is : Resolved
one person working in central govt. and lost case in thelower court. he went to high court and got stayed the lower court decision. in the meanwhile, he was dismissed from service. under banking regulation act 1949. shall he get employment till the decision of high court. shall he is eligible for going to supreme court after high court how shall he get employment in the mean time what is the proceedure to be followed. please help him
adv. rajeev ( rajoo )
(Expert) 30 April 2009
I think he is dismissed after conducting the departmental enquiry. For what reason he is dismissed from the service is not clear in your question. If he is dismissed for the act against which the case is pending. He challenge the order of dismissal in the high court. Yes he can go to the supreme court against the order of the High Court.
K.C.Suresh
(Expert) 01 May 2009
A Public servant if convicted by the Special court under Prevention of corruption Act, 1988 can go to HC and if again convicted can go to SC on an SLP.
He can be dismissed from service without looking into the decision till the final disposal of the case. He can be removed from service if the authority concludes that his act comes under the lack of integrity and devotion to duty which warrented departmental deciplinary action. For that purpose a detailed enquiry has to be conducted parrelel to the criminal case without going to the issue relevant in the court.
