Petitioner has filed this writ petition under Article 226 of the
Constitution of India challenging impugned order dated 21.6.2021 contained
in Annexure P/1 passed by Commissioner, Institutional Finance, Bhopal.
2. Petitioner was trapped by Lokayukta in bribery case and later on
was convicted under Section 7 of the Prevention of Corruption Act, 1988
and was sentenced to rigorous imprisonment for 4 years with fine of Rs.
25,000/- and Sections 13(i) (d) and 13(2) of the Prevention of Corruption
Act, 1988 and was sentenced to rigorous imprisonment for 5 years with fine
of Rs. 25,000/-. Thereafter, action was taken against the petitioner under
Rule 10(ix) of the Madhya Pradesh Civil Services (Classification Control
and Appeal) Rules, 1966 (hereinafter referred to ‘Rules of 1966’) and he was
dismissed from service. Petitioner has challenged the impugned order on the
ground that opportunity of hearing was not provided to petitioner before
NEUTRAL CITATION NO. 2026:MPHC-JBP:21721
2 WP-20253-2022
passing of the impugned order. Criminal Appeal against conviction of
petitioner is pending in Court, therefore, judicial proceeding has not attained
finality. No departmental enquiry was conducted before imposing penalty
upon petitioner.
