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SANJAY KUMAR MEDHI
SACHIN DUTTA S/O SHRI BIREN DUTTA – Appellant
Versus
UNION OF INDIA – Respondent
JUDGMENT :
SANJAY KUMAR MEDHI, J.
1. The instant petition under Article 226 of the Constitution of India has been filed challenging an order of dismissal from service dated 17.10.2014 which has also been upheld by the appellate authority vide order dated 08.12.2014. The subsequent representation of the petitioner not yielding any positive results, he has approached this Court for redressal of his grievance.
2. As per the facts projected in the writ petition, the petitioner was appointed, initially as a Cleaner Boy on 08.05.1986 in the Tea Research Association, Tocklai Tea Research Institute, Jorhat. Subsequently, vide order dated 01.04.2006, he was promoted to Grade Ad 1(3). While serving as such, a proceeding under Section 138 of the Negotiable Instruments Act was instituted against him by an individual which was registered as CR No. 191/2009 in the Court of the learned CJM, Jorhat. In the said case, a judgment was pronounced on 10.06.2014 whereby the petitioner was convicted and sentenced with 6 months of imprisonment and a penalty of Rs. 2(two) lakhs. Consequent thereto, on 04.09.2014, the petitioner was arrested and remanded to judicial custody as a result of which he could not at
Conviction under Section 138 NI Act does not constitute moral turpitude relating to employment if it arises from personal debts; wrongful termination necessitates reinstatement and benefits.
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 ....
Dismissal based solely on conviction is invalid without consideration of conduct; procedural safeguards must be observed, including issuing a show-cause notice.
A disciplinary authority must assess an employee's conduct in light of a criminal conviction before imposing dismissal, considering moral turpitude and overall service record.
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