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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
KARDAK ETE
Sunanda Das @ Sunendra Das, S/o - Kamini Das – Appellant
Versus
Union Of India Rep. By The Secretary To The Government Of India, Ministry Of Home Affairs – Respondent
| Table of Content |
|---|
| 1. factual timeline of employment, criminal proceedings, and service dismissal context. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. failure of disciplinary authority to apply mind regarding rule 19 provisions. (Para 10) |
| 3. article 311 and rule 19 requirements for disciplinary action on criminal conviction. (Para 11 , 12 , 13) |
| 4. precedential standards for determining dismissal penalties after criminal conviction. (Para 14 , 15 , 16) |
| 5. mandate to reconsider dismissal in light of changed criminal conviction status. (Para 17 , 18 , 19 , 20 , 21) |
ORDER :
KARDAK ETE, J.
Heard Mr. S. Borthakur, learned counsel for the petitioner. Also heard Mr. S. K. Medhi, learned CGC for the respondents.
2. The challenge made in this petition is to the order dated 01.06.2011, passed by the Director of Census Operations, Assam, by which the petitioner has been dismissed from service on the ground of conviction under Sections 448/304 Part-I/325 of IPC under Clause (a) of second proviso to Article 311 (2) of the Constitution of India and The Central Civil Service (Class, Control & Appeal) Rules, 1965 [hereinafter referred to as the CCS (CCA) Rules, 1965] on the basis of the judgment and order pas
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....
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....
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 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....
Removal from service post-criminal conviction not automatic under Rule 19(i) CCS(CCA) Rules; requires disciplinary authority's active consideration of all circumstances, effective representation oppo....
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