Don't dismiss personnel while appeal is pending: The Central Administrative Tribunal (CAT)

             
            The Central Administrative Tribunal (CAT) has advised the Delhi Police against terminating services of personnel who are already convicted for an offence but whose appeals are still pending before higher courts.

            The Tribunal passed the order while giving relief to a former Delhi Police constable, convicted in 2007 by a lower court but was granted bail by the Delhi High Court in 2009.

              "Normally, a person who is undergoing imprisonment, will not be entitled to get reinstatement, as the two concepts do not go together. But that does not automatically mean that the Deputy Commissioner or Joint Commissioner were within their rights, to pass orders terminating the services of the applicant on the basis of the conviction, when an appeal was pending before the High Court," the Tribunal said.

Fixation of Pay on Transfer to a Lower Post under FR-15(a)

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