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G. S. KULKARNI, JITENDRA JAIN
S. D. Nikam – Appellant
Versus
Gokhale Education Society Educational Trust – Respondent
JUDGMENT/ORDER
G.S.KULKARNI, J. - Rule, made returnable forthwith. Respondents waive service. By consent of the parties, heard finally.
2. This petition under Article 226 of the Constitution of India depicts an unfortunate case wherein the petitioner, who was working on the post of Associate Professor with respondent no. 1-Institution, has suffered suspension from service, at the hands of respondent no. 1, by a suspension order dtd. 28/11/2022. The suspension is on the ground that the petitioner was in judicial custody on a criminal charge, for a period exceeding 48 hours. The suspension order reads thus:
Dr. S.D. Nikam, Associate Professor of Accountancy, RNC Arts, JDB Commerce and NSC Science College, Nasik Road is hereby intimated that he shall be deemed to have been placed under suspension w.e.f. 29/11/2022 due to Judicial Custody on a Criminal Charge for a period exceeding 48 hours. Since he is under suspension, no leave can be granted by the College or the Society."
3. The suspension order is stated to be issued under the provisions of the "Statutes" of the University of Pune, which govern the terms and conditions of service of the teachers appointed in the Uni
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.
The main legal point established in the judgment is that termination of service based on conviction can be justified if the offence involves moral turpitude and exceeds the right of private defence.
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 an employee must be justified by a strong prima facie case of misconduct involving moral turpitude; arbitrary actions violate constitutional rights.
Rioting with damage to public property and assault on public servants constitutes moral turpitude under municipal disqualification provision; no stay of conviction without exceptional irreparable inj....
Detention - Petitioner who suppressed the material information in the application form, though disclosed in attestation form placed on record by the learned Government Pleader for Services-I disclosi....
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