Petitioner challenged Tribunal order dismissing application for quashing removal order. Court upheld Tribunal view that application cannot be entertained due to conviction and pending appeal.
None. Application for liberty to seek expeditious disposal of appeal pending before court.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CWP No. 8417 of 2010
Date of Decision: May 10, 2010
Naresh Kumar
…Petitioner
Versus
Union of India and others
…Respondents
CORAM: HON’BLE MR. JUSTICE M.M. KUMAR
HON’BLE MR. JUSTICE JITENDRA CHAUHAN
Present: Mr. Rajwant Singh Chahal, Advocate, for the petitioner.
M.M. KUMAR, J.
The petitioner has approached this Court challenging order dated 18.3.2010 (P-9), passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (for brevity, ‘the Tribunal’), in O.A. No. 313/HR/2009, dismissing his Original Application for quashing order of removal, dated 3.1.2008 (P-5), which is based on the order of conviction.
It is not disputed that the petitioner has been convicted of abetting suicide of his wife under Section 306 IPC. Against the order of conviction passed by the learned Trial Court, an appeal is
CWP No. 8417 of 2010
2
pending before this Court being Criminal Appeal No. 2149-SB of 2007. The petitioner has already undergone two years of sentence. His conviction and sentence has been suspended during the pendency of appeal. However, the Tribunal has taken the view that the request of the petitioner for quashing his order of removal cannot be entertained as in the teeth of his conviction and pendency of the appeal it cannot be concluded that the petitioner has been acquitted. Therefore, the Tribunal has permitted him to approach the concerned competent authority for re-examination of his case after the decision of the criminal appeal by this Court. The view of the Tribunal is unexceptionable.
We concur with the view taken by the Tribunal and grant the same liberty. However, the petitioner would be well advised to seek expeditious disposal of his appeal pending before this Court.
Dismissed.
(M.M. KUMAR) JUDGE
(JITENDRA CHAUHAN) April 6, 2010 JUDGE Pkapoor
1 issue framed by the court
Whether a petition for quashing of removal order based on conviction can be entertained pending criminal appeal.
Naresh Kumar
Union of India and others
M.M. Kumar
Jitendra Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
