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During pendency of criminal appeal against conviction of the employee - major penalty qua services can be imposed under Art. 311(2); SC.

Supreme Court of India

Justice D Y Chandrachud & Justice Hemant Gupta

The SC {Life Insurance Corporation of India v. Mukesh Poonamchand Shah} specifically disapproved of the view of the Tribunal that until the appeal against the conviction was disposed of, action under clause(a) of the second proviso to Article 311(2) was not permissible. 

The court, discussing precedent, further held that when a major penalty was proposed to be imposed on the ground of the conduct of the employee which had led to conviction on a criminal charge, it was not necessary to take recourse of the provisions of Rules 7(1) and (2) of the Haryana Civil Services (Punishment and Appeal) Rules 1987 relating to the convening of an inquiry in which a reasonable opportunity of showing cause would have to be given. 

The imposition of major penalty, after conviction of employee, without affording opportunity of showing cause, during pendency of appeal against conviction, was upheld by the SC.

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