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HARISH KUMAR
Mithilesh Prasad Son of Late Saryug Prasad – Appellant
Versus
State of Bihar through the Principal Secretary, Education Department, Government of Bihar, Patna – Respondent
JUDGMENT :
This Court has heard Mr. Manik Vedsen, learned Advocate for the petitioner and Mr. Siddhartha Prasad, learned Advocate for the Bihar School Examination Board, Patna.
2. The petitioner is aggrieved with the order as contained in Memo No. 2839/2019 dated 29.06.2019, issued by the Secretary, Bihar School Examination Board (hereinafter referred to as, “BSEB”), whereby the petitioner has been dismissed from service.
3. The factual matrix of the case, as culminated from the materials available on record are enumerated hereinbelow. The petitioner was initially appointed as a Routine Clerk by the Secretary of the Bihar Intermediate Education Council, Patna on 06.12.1988. On account of merger of the Council with the Bihar Secondary School Examination Board, the petitioner became employee of the BSEB, on condition mentioned at the time of merger. Having been found eligible, the petitioner was promoted to the post of Section Officer by the letter dated 10.09.1999.
4. While the petitioner was discharging the duties of verification of mark-sheet and testimonial, in the meanwhile, on account of the charge of extorting money, in course of verification of Intermediate certificate of one Bar
Dismissal of a government employee under Article 311(2)(a) does not require a departmental inquiry if based on conviction for a criminal charge, provided the authority acts within its powers.
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....
Dismissal based solely on conviction is invalid without consideration of conduct; procedural safeguards must be observed, including issuing a show-cause notice.
Unless there exists an enabling provision either in the applicable service rules or any other provision of law it would not be open for the disciplinary authority to pass an order in respect of contr....
The main legal point established in the judgment is that under Article 311(2)(a) of the Constitution of India, the conduct of an employee leading to a conviction must be considered before passing a d....
(1) Dismissal from service without conducting departmental inquiry – It is duty of disciplinary authority to record satisfaction how and in what manner holding an enquiry is not reasonably practicabl....
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