New Delhi: The Central Administrative Tribunal (CAT) has ruled that there is no need of holding inquiry before dismissal of a government servant convicted in a criminal case, if the rules do not require so.

A Bench of the Tribunal consisting of Chairman Justice V K Bali and Vice-Chairman L K Joshi said, "There is no merit whatsoever in the contention that before passing the order of dismissal an inquiry had to be held."

"The only requirement was that the applicant (petitioner) should be issued a show-cause notice with regard to the quantum of punishment and that procedure had been followed," said the Bench.

The Tribunal delivered the decision referring to the departmental rules in the case of an Information and Broadcasting Ministry employee Raj Kumar Sharma.

Sharma was convicted in a corruption case registered in 1998 and sentenced to imprisonment of six months. The ministry after consulting the UPSC dismissed him from service.

He moved the Calcutta High Court in appeal which stayed the punishment and released him on bail.

Sharma then moved the CAT against the order of his dismissal which directed the ministry to pass a reasoned order. The ministry passed a reasoned order of dismissal which however said that in case he was acquitted of the charges in appeal, the penalty of dismissal from service would be set aside. Aggrieved by the order he filed the petition in the CAT contending that no order of dismissal could be passed without holding an inquiry.

Source : PTI