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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
S.G.Chapalgaonkar
Sanjay Baban Selar – Appellant
Versus
State of Maharashtra, Through the Secretary, Rural Development and Panchayat Raj Department – Respondent
| Table of Content |
|---|
| 1. dismissal based on prior conviction context. (Para 2 , 3 , 4 , 5 , 6) |
| 2. the legal backdrop of dismissal based on criminal conviction. (Para 7) |
| 3. arguments contesting validity of dismissal. (Para 8 , 9) |
| 4. legal analysis on moral turpitude standards. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 5. distinguishing precedent cases from current case. (Para 19 , 20 , 21 , 22) |
| 6. writ petition allowed with specific directives. (Para 23) |
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 i
Dismissal from public service based on conviction for non-turpitude offenses without due process violates natural justice principles.
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....
Conviction under Section 323 IPC does not warrant dismissal; absence of moral turpitude requires proportional disciplinary action.
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