IMPORTANT POINT
Conviction u/s 323 does not constitute one involving moral turpitude. Dismissal and forfeiture of all benefits not sustainable.

JUDGMENT :

Uday Umesh Lalit, J.

1. Leave granted.

2. The appellants seek to challenge the judgment and order dated 25.08.2014 of the High Court of Punjab and Haryana at Chandigarh passed in LPA No.1353 of 2014 (OM), affirming the view taken by the Single Judge of the High Court on 22.01.2014 in CWP No.14998 of 2007.

3. One Dharam Singh (since deceased and represented by his widow, the respondent herein) was working as JBT teacher in Education Department in State of Haryana since 07.10.1967. He and two others were convicted under Section 304 Part-II IPC vide judgment and order passed by the trial court on 29.10.1994 and were sentenced to undergo rigorous imprisonment for four years. On the basis of said conviction and sentence, Dharam Singh was dismissed from service, without holding any enquiry, vide order dated 28.03.1995 on the ground that he was convicted and sentenced for an offence involving moral turpitude.

4. While the appeal preferred against the judgment of conviction and sentence was pending, Dharam Singh expired on 11.12.2002 and his appeal abated. Subsequently the appeal of the co-accused was partly allowed and they were acquitted of the offence under Section 304 Part II IPC but were convicted under Section 323 read with Section 34 IPC. The role of the co-accused was admittedly similar to that of Dharam Singh.

5. After the acquittal of the co-accused, the respondent called upon the State to set aside the order of dismissal of her husband in the light of the finding recorded by the appellate court and to release all the service benefits to which her deceased husband was entitled. This claim having been rejected, the respondent filed CWP No.10134 of 2005 which was disposed of by the High Court directing the State to reconsider the claim of the respondent. The matter was, therefore, reconsidered by the State but the claim was again rejected.

6. The rejection of claim was challenged afresh by the respondent by filing CWP No.14998 of 2007 which was allowed by the Single Judge of the High Court, relying on the instructions dated 26.03.1975 issued by State of Haryana wherein offences involving “moral turpitude” stand enlisted. It was observed that the offence under Section 323 IPC did not fall under said category of offences. It was further observed that the role attributed to the deceased husband of the respondent was similar to that of his co-accused and that the appellate court had held that the death in the case was not because of the injuries attributed to the accused but it was because of renal failure.

7. The decision of the Single Judge was questioned by the State by filing Letters Patent Appeal No.1353 of 2014 (OM). Affirming the view taken by the Single Judge, the Division Bench dismissed the aforesaid LPA and held the respondent to be entitled to all consequential benefits.

8. The instructions dated 26.03.1975 which were relied upon in the present case, had been considered by this Court in Pawan Kumar v. State of Haryana and another, (1996) 4 SCC 17 and paragraph 12 of the decision is relevant for present purposes. The said paragraph was as under:-

“12. Moral turpitude” is an expression which is used in legal as also societal parlance to describe conduct which is inherently base, vile, depraved or having any connection showing depravity. The Government of Haryana while considering the question of rehabilitation of ex-convicts took a policy decision on 2-2-1973 (Annexure E in the Paper-book), accepting the recommendations of the Government of India, that ex-convicts who were convicted for offences involving moral turpitude should not however be taken in government service. A list of offences which were considered involving moral turpitude was prepared for information and guidance in that connection. Significantly Section 294 IPC is not found enlisted in the list of offences constituting moral turpitude. Later, on further consideration, the Government of Haryana on 17/26-3-1975 explained the policy decision of 2-2-1973 and