S.B.SINHA, HARJIT SINGH BEDI
State of M. P. and others – Appellant
Versus
Hazarilal – Respondent
judgment
S.B. Sinha, J. –
1.Respondent was a Peon appointed in a Middle School. He is said to have assaulted one Ram Singh on 5th October, 1989. He was prosecuted for commission of the said offence and was convicted by a Court of Magistrate by a judgment dated 22nd July, 1992 under Section 323 read with Section 34 of the Indian Penal Code and sentenced to undergo one month’s simple imprisonment. On an appeal preferred by him, the sentence was reduced to a fine of Rs. 500/- only. A revision thereagainst was filed by the respondent herein before the High Court.
2.A show cause notice was issued to the respondent as to why disciplinary action shall not be taken against him in view of the judgment of conviction passed against him in the said criminal case. By an order dated 25th November, 1993 his services were terminated by the Deputy Director, Vidisha. An appeal thereagainst was preferred by the respondent in terms of Madhya Pradesh State Services Act. However, no order was passed therein. A revision was filed by him before the Deputy Director, Public Education. During the pendency of the said revision application, his criminal revision petition filed before the High Court was dismissed
Indian Airlines Ltd. vs. Prabha D. Kumari : (2006) 11 SCC 67 – Relied upon. (Para 12)
Shankar Das Vs. Union of India (1985 2 SCC 358) – Relied upon. (Para 3)
Ranjit Thakur vs. Union of India and other : (1987) 4 SCC 611 – Relied upon. (Para 16)
State of U.P. vs. Sheo Shanker Lal Srivastava : (2006) 3 SCC 276 – Relied upon. (Para 12)
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