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DINESH MEHTA
Mangi Lal S/o Shri Toli Ram Heerawat – Appellant
Versus
State of Rajasthan, Through the Secretary, Secondary Education – Respondent
JUDGMENT :
1. Instant writ petition preferred under Article 226 of the Constitution of India impugns order dated 24.08.2018 (Annexure.4) passed by the Director, Secondary Education, Bikaner, whereby the petitioner has been dismissed from services.
2. The facts lying in a small compass have caused grave repercussion on petitioner’s career-
2.1. The petitioner, who was working as a Principal in Education Department issued a cheque amounting Rs. 90,000/- which went dishonoured.
2.2. A complaint under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as ‘the N.I. Act’) was filed and after the trial, by order dated 11.01.2016 passed by the trial Court (in Criminal Case No.27/2008), the petitioner was convicted and sentenced to undergo imprisonment for a period of one year apart from a fine of Rs. 90,000/-. An appeal preferred there against came to be rejected by the appellate Court per-viam order dated 22.04.2017.
2.3. The petitioner preferred a revision petition being S.B. Criminal Revision No.1071/2017 against aforenoted orders, along with an application for suspension of sentence (S.B. Suspension of Sentence (Revision) No.271/2017) which was allowed by a Coordin
A conviction under Section 138 of the Negotiable Instruments Act does not involve moral turpitude, and dismissal without inquiry violates due process.
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 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....
The main legal point established is that a government employee cannot be dismissed solely on the ground of conviction, and the conduct leading to the conviction must be considered before imposing any....
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....
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