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2017 Supreme(Raj) 1029

NIRMALJIT KAUR
Budha Ram S/o Shri Lal Chand – Appellant
Versus
State of Rajasthan Through the Secretary, Department of Revenue – Respondent


Advocates Appeared:
For the Petitioner:Mr. M.A. Siddique, Advocate.

JUDGMENT :

Nirmaljit Kaur, J.

The prayer in the present writ petition is to set aside the order dated 23.04.2014 vide which the services of the petitioner were dismissed; with a further direction to allow him to continue in service with consequential benefits.

2. Admittedly, the petitioner was convicted for the offences under Section 7, 13(1)(d), 13(2) of the Prevention of Corruption Act, 1988 vide judgment and order dated 24.2.2014.

3. The only ground raised by the learned counsel for the petitioner is that such a dismissal cannot be automatic. The authority must peruse the judgment passed by the criminal court and consider all the facts and circumstances of the case before dismissal or removal of the service of the petitioner and also impose lesser punishment rather than the dismissal from service.

4. Reliance is placed on the judgment rendered in the case of Darshan Singh, Ex Head Constable v. State of Haryana and others (CWP No.9847 of 2015) decided on 18.10.2016.

5. The argument of the learned counsel for the petitioner cannot be sustained in view of the conviction under Sections 7, 13(1)(d), 13(2) of the P.C. Act.

6. The Apex Court in the case of Tara Chand Vyas v. Chairman & Discip











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