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1992 Supreme(Pat) 144

PATNA HIGH COURT
B.P.Singh and S.K.Chattopadhyaya JJ.
Baliram Prasad Singh
Versus
State Of Bihar
Civil Writ Jurisdiction Case No. 363 of 1990 ;
Decided On : APRIL 20, 1992

The seriousness of admitted misconduct and its impact on integrity justified the employment termination.

Headnote:

Misconduct - Employment Termination - The court upheld the termination of the petitioner's employment due to admitted misconduct, emphasizing the seriousness of the admitted misconduct and its impact on integrity.

Fact of the Case:

The petitioner admitted to defalcating a sum of Rs. 21,000 and was subsequently dismissed from service by the administrator.

Finding of the Court:

The court found no reason to interfere with the dismissal, considering the seriousness of the admitted misconduct and its impact on integrity.

Issues: The petitioner contended that others who committed similar misconduct were retained in service, invoking Article 14 of the Constitution.

Ratio Decidendi: The court emphasized that perpetuating an illegality under the guise of Article 14 was not permissible, and retention of other dishonest individuals did not entitle the petitioner to claim retention.

Final Decision: The writ petition was dismissed as devoid of merit, and the employment termination was upheld.

Judgment

B. P. Singh, J.

1. Heard counsel for the parties.

2. The petitioner was charged of having defalcated a sum of rs.21,000. In his show cause the petitioner admitted his folly and thereby admitted the misconduct. By order dated 18-l-1988/8-9-1989 (Annexure 7-A)the administrator has dismissed the petitioner from service. We find no reason to interfere, because the petitioner has admitted his misconduct and the misconduct so admitted is rather serious and touches upon his integrity.

3. Counsel for the petitioner contended that in similar cases other persons who have similarly defalcated the funds of the Society, have been retained. It is difficult for us to give to Article 14 of the Constitution such a construction at to perpetuate an illegality. If other persons against whom charges of defalcation have been proved have been retained in service, that offends the law, and if brought to our notice, we may have quashed such orders. But, merely because some dishonest people have been retained in the society, other dishonest people cannot claim retention on that ground. If that were to be done, Article 14 of the Constitution would be working in the reverse gear.

4. We, therefore, dismiss this writ petition as devoid of merit. Writ petition dimitited,

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