Sohan Lal v. North Delhi Municipal Corporation Through Its Commissioner

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 11680/2018 SOHAN LAL ..... Petitioner Through:

Mr. M. Shamikh, Adv.

versus NORTH DELHI MUNICIPAL CORPORATION THROUGH ITS COMMISSIONER ..... Respondent Through:

Mrs. Biji Rajesh for Mr. Gaurang Kant, Advs.

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MR. JUSTICE A. K. CHAWLA

O R D E R

% 29.10.2018 C.M. No. 45132/2018 Exemption allowed, subject to all just exceptions. The application stands disposed of.

W.P.(C) 11680/2018 The petitioner has preferred the present writ petition to assail the order dated 09.08.2018 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (the Tribunal) in O.A. No. 3866/2015 whereby his original application to seek Compassionate Allowance has been rejected. The petitioner has been convicted under Section 13(1)(d) of the Prevention of Corruption Act. Consequently, he was dismissed from service. The Tribunal while rejecting the petitioner's original application

has placed reliance on the judgment of the Supreme Court in Mahinder Dutt Sharma V. Union of India & Ors. (2014) 11 SCC 684. The Tribunal has found that the petitioner is not entitled to Compensatory Allowance in view of the fact that he stands convicted of a serious offence of indulging in corruption.

In our view, in matters like the present, there is no question of showing any mercy or compassion since the same would be completely misplaced. The message has to be loud and clear that there is zero tolerance for any corruption in public employment.

We find absolutely no merit in the petition.

Dismissed.

VIPIN SANGHI, J A. K. CHAWLA, J OCTOBER 29, 2018 N.Khanna