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 opportunity, and proportionate penalty after weighing gravity, service record, mitigating factors.

JUDGMENT :
Ranjan Sharma, Judge

Petitioner [Pritam Singh] has filed two writ petitions [CWPOA No. 3249 & 6860 of 2020] with the following prayers.

Prayer in CWPOA No. 3249 of 2020

Petitioner, Pritam Singh, after having removed from service has assailed the removal orders dated 15.01.2016 [Annexure A-1], seeking the following reliefs:-

(i) That the impugned officer order dated 15.01.2016 [Annexure A-1] may kindly be quashed and set aside.”

(ii) That the respondents may kindly be directed to reinstate the applicant in service with all consequential benefits.

(iii) That the respondents may kindly be directed to decide the pending appeal of the applicant [Annexure–A-2] within a time bound period.

(iv) That the respondents may kindly be directed to regularize the services of the applicant without any discrimination after completion of one year with all consequential benefits like; seniority pay- fixation and arrears etc. as per the judgments and orders Annexure-A-3 to A-6.”

Prayer in CWPOA No. 6860 of 2020

In addition to the challenge to the removal orders, the petitioner Pritam Singh assails the Appellate Order dated 09.02.2018 [Annexure A-3], with the following relief:-

“(i) That the impugned officer order dated 09.02.2018 [Annexure A-3] may kindly be quashed and set aside.”

FACTUAL MATRIX [CWPOA NO. 3249 OF 2020]:

2. Case set up by learned counsel for the petitioner is that the petitioner was engaged as a Driver on contract basis on 05.05.2002 and his services were regularized on 24.10.2010. While working as a regular driver, he was implicated in an FIR No.39 of 2013 under Sections 304 A, 279 & 427 of Indian Penal Code registered at Police Station Talwara, District Hoshiarpur [Punjab]. Pursuant to investigation and trial, the Learned Trial Court convicted the petitioner. Feeling aggrieved, the petitioner filed an appeal which was dismissed. However, the petitioner filed a Criminal Revision No.3600 of 2015 before the High Court of Punjab and Haryana, wherein, the conviction was upheld but the sentence was modified /reduced on 27.11.2015 from imprisonment for two years with a fine of Rs.1,000/-[Rupees One Thousand] to imprisonment for 6 months. It is averred that while the petitioner was undergoing imprisonment in judicial custody w.e.f 24.08.2015 till release on 01.02.2016, a Show Cause Notice was issued on 08.12.2015, proposing the penalty of “REMOVAL” from service. It is averred that since the petitioner was in custody and was not having the required documents, he could not submit the requisite reply to Show Cause Notice.

2(i). For non-filing of reply, the Deputy Divisional Manger of the Respondent-Corporation, imposed the penalty of removal from service on the petitioner on 15.01.2016 [Annexure A-1].

FACTUAL MATRIX [CWPOA NO. 6860 OF 2020]:

3. Case set-up by Learned Counsel for petitioner in CWPOA No. 6860 of 2020, is that after the passing of removal orders dated 15.01.2016, the petitioner submitted an Appeal to the Appellate Authority-cum Divisional Manager of the Respondent-Corporation on 23.03.2017 [Annexure A-2], raising as many as fourteen (14) contentions and the case law. Resultantly the appeal dated 23.03.2017 [Annexure A-2] was rejected by the Appellate Authority-cum-Divisional Manager HRTC [hereinafter referred to as HRTC] on 09.02.2018 [Annexure A-3], without considering the contentions raised and without recording any finding thereto but the appeal was rejected merely by taking into account his conviction/sentence for six months imprisonment by the Court.

4. Heard Mr. Rajender Sharma, Learned Counsel for the petitioner as well as Mr. Raman Jamalta, Learned Counsel for the respondents and have gone through the case records.

STATUTORY PROVISIONS:

5. Before