Conduct of Govt. servant leading to his conviction in criminal case can be considered to impose punishment in disciplinary proceedings

Disciplinary Authority may consider circumstances of case wherein conduct of Govt. servant led to his conviction on a criminal charge, for imposing punishment in disciplinary proceedings.

Where a penalty is proposed to be imposed on a Government servant on the ground of conduct which has led to his conviction on a criminal charge, Disciplinary Authority may consider the circumstances of the case and pass such orders thereon as it deems fit. Gravity of charge under which the Government servant was convicted and the circumstances of the case are to be considered.

Active application of the mind by the disciplinary authority after considering the entire circumstances of the case is necessary in order to decide the nature and extent of the penalty to be imposed on the delinquent employee on his conviction on a criminal charge. A conviction on a criminal charge however does not automatically entail dismissal, removal or reduction in rank of the concerned government servant and therefore, it is not mandatory to impose any of those major penalties.

Delinquent officer has been found guilty of charges of corruption and the Disciplinary Authority rightly discussed briefly the accusation against the delinquent, the judgment and order of conviction and the sentence passed, before passing dismissal orders.