Dismissal from public service based on conviction for non-turpitude offenses without due process violates natural justice principles.

JUDGMENT :

S. G. Chapalgaonkar, J.

1. Rule. Rule made returnable forthwith. Heard finally by consent of the parties.

2. Present writ petition takes exception to the order dated 1.9.2023, passed by the Chief Executive Officer, Zilla Parishad, Ahmednagar, upholding the order dated 17.02.2023 passed by Block Development Officer, Parner thereby confirming order dated 17.10.2022 passed by Sarpanch, Grampanchayat, Padali Rajangaon thereby dismissing the petitioner from service of Village Panchayat.

3. Brief facts, giving rise to the present petition, are as under :-

The petitioner was appointed as Peon on establishment of Village Panchayat, Padali Rajangaon. On 9.1.2012 he was given appointment order w.e.f. 1.9.2005. Thereafter, he was confirmed in service.

4. On 26.11.2015, Crime No.182 of 2015 had been registered against petitioner for offenses punishable under section 354, 337, 323, 504, 506 of INDIAN PENAL CODE , alleging that on 26.11.2015 while informant, her mother-in-law and her son were at Home, petitioner/accused demanded dues of water tax. Informant told him that her husband had gone out for some work and on his return, tax would be paid. However, petitioner threatened her to disconnect water connection. He caught hold her hands and outraged modesty. When her mother-in-law intervened, petitioner pushed her.

5. In deference to registration of FIR, investigation was completed, charge-sheet was filed and in R.C.C. No.136 of 2016. Petitioner was put to trial. On conclusion of Trial, learned J.M.F.C. Parner convicted petitioner for offences under sections 323, 352 of the INDIAN PENAL CODE and sentenced him to suffer Rigorous Imprisonment for one month, but acquitted of the offences punishable u/s 354, 337, 504, 506 of the IPC.

6. Petitioner filed Criminal Appeal no.15 of 2021 before Sessions Court. Eventually, substantive sentence was suspended vide order dated 17.3.2021 till disposal of the appeal. However, on the basis of conviction recorded by learned J.M.F.C. in R.C.C. No.136 of 2016, respondent no.4 dismissed petitioner from service. Petitioner filed appeal against dismissal before Block Development Officer, who affirmed order of respondent no.4. Aggrieved petitioner preferred revision before the Chief Executive Officer, Ahmednagar, who dismissed the revision. In backdrop of sequence of events mentioned above, present petition is filed assailing dismissal from service and impugning orders passed by the Appellate and revisional authorities.

7. It appears that during pendency of this petition, on 30.11.2023, criminal appeal no.15 of 2021 filed by petitioner has been allowed by learned Sessions Judge, Ahmednagar thereby setting aside order of conviction and sentence passed by Learned J.M.F.C. Resultantly, petitioner has been acquitted. Immediately, on 28.03.2024 petitioner submitted his representations to Chief Executive Officer, Zilla Parishad, Block Development Officer and Grampanchayat seeking reinstatement in service, however no action is taken by them. Accordingly, petitioner amended petition and incorporated the prayer clause E-1, seeking directions against respondent no.4 for re-instatement with continuity of service and full back wages from date of dismissal of in view of the judgment and order of acquittal, particularly, in view of Rule 11 of Bombay Village Panchayats Servants (Recruitment and Conditions of Service), Rules, 1960 (for short Rules of 1960).

8. Mr. S.B. Rajebhosale, learned advocate appearing for petitioner assails order of dismissal passed by respondent no.4, fi