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IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
S.R.KRISHNA KUMAR
Mallayya Mathapati, S/o. Paravayya Mathapati – Appellant
Versus
University Of Agriculture Sciences – Respondent
| Table of Content |
|---|
| 1. petitioner seeks reinstatement and challenging dismissal. (Para 1) |
| 2. factual background of petitioner's conviction. (Para 2 , 3) |
| 3. court's reasoning regarding proportionality of punishment. (Para 4 , 5 , 6 , 10 , 12 , 15 , 21) |
| 4. arguments regarding dismissal and proportionality. (Para 8 , 14) |
| 5. court's final decision on dismissal and reinstatement. (Para 18 , 19 , 20 , 22 , 24 , 26) |
ORDER :
S.R. KRISHNA KUMAR, J.
In this petition, petitioner seeks the following reliefs:
“Therefore the petitioners pray for:
a) Issue a writ of mandamus directing the respondents to reinstate the petitioner in the post of Farm Labourer held by him in ARS Prabhunagar by cancelling the order of suspension and also to release all the monetary benefits by considering the representations dated 22.02.2010, 23.07.2010, 11.02.2011 and 03.06.2011, made by the petitioner, the copies of which have been produced herewith and marked as Annexure G, Annexure L, Annexure R and Annexure S.
b) Issue a writ of certiorari or any other writ or direction to quash the Enquiry report No.Deen (Kru)/Kri.Ma.V.Da/D.Rep/10-11 and recommendation of the third respondent, dated 24.01.2011, made by the third respondent, t
Conviction under Section 323 IPC does not warrant dismissal; absence of moral turpitude requires proportional disciplinary action.
1. Conviction of an employee in an offence permits the disciplinary authority to initiate disciplinary proceedings against the employee or to take appropriate steps for his dismissal/removal only on ....
Suspension of a teacher under university statutes requires a finding of moral turpitude, which was not established in the case of a motor vehicle accident without mens rea.
Conviction under Section 138 NI Act does not constitute moral turpitude relating to employment if it arises from personal debts; wrongful termination necessitates reinstatement and benefits.
Dismissal based solely on conviction is invalid without consideration of conduct; procedural safeguards must be observed, including issuing a show-cause notice.
The central legal point established in the judgment is that a government servant cannot be dismissed from service based on a criminal conviction without considering the conduct leading to the convict....
Point of law: Mere acquittal in a criminal case is not conclusive of the suitability of the candidate to the post concerned. If a person is acquitted or discharged, it cannot always be inferred that ....
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