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2019 Supreme(P&H) 293
IN THE HIGH COURT OF PUNJAB AND HARYANA
JASWANT SINGH, J.
MADAN LAL - Appellant
Vs.
STATE OF PUNJAB AND OTHERS - Respondents
Civil Writ Petition No. 21557 of 2017
Decided On : 09-01-2019
K.L. Arora, Adv., Sudeepti Sharma, Adv., Kavita Arora, Adv.
Service Law-Termination of Services-Conviction in criminal case-Merely on conviction, termination could not be automatic
Service Law-Dismissal from Service-Conviction under Criminal case-Discretion of authorities in exercise of power upon conviction of employee based on criminal charge-Directions issued to formulate to be take action based on set parameters in similar circumstances to be followed by different authorities in different cases having similar facts, charges and circumstances so as to bring closeness to uniformity in exercise of such discretion.
Headnote:(A) Service Law-Dismissal from Service-Conviction under Corruption Act-Moral Turpitude-When a Government employee has been convicted under corruption Act, he is liable to be treated to have committed an offence involving moral turpitude and such employees are to be dealt sternly-2012(2) Law Herald (SC) 1151 relied upon.
Those convicted of corruption charges and found to be corrupt by the judicial adjudicatory process are to be dealt with sternly. If a public servant, who is convicted for corruption, is allowed to continue to hold public office, it would impair the morale of the other persons manning such office, and consequently, that would erode the already shrunk confidence of the people in such institutions besides demoralizing the other honest public servants, who would either be the colleagues or subordinates of the convicted person. The honest public servants in such a case would be compelled to take orders from proclaimed corrupt officers which will result in shaking the system itself. (Para 9)
(B) Service Law-Dismissal from Service-Conviction under Corruption Act-Moral Turpitude-The decision of "Dismissal from Service" cannot be interfered on the ground that no opportunity of hearing was afforded as in the case of conviction, the principle of natural justice and affording the hearing acquires no significance-Punjab Civil Services (Punishment & Appeal) Rules, R.13. (Para 12)
(C) Service Law-Dismissal from Service-Conviction under Criminal case-Discretion of authorities in exercise of power upon conviction of employee based on criminal charge-Directions issued to State of Haryana, State of Punjab and U.T Administration to formulate and issue necessary instructions and circular to be take action based on set parameters in similar circumstances to be followed by different authorities in different cases having similar facts, charges and circumstances so as to bring closeness to uniformity in exercise of such discretion.
(D) Service Law-Termination of Services-Conviction in criminal case-Merely on conviction, termination could not be automatic and the disciplinary authority is supposed to exercise its discretion keeping in view the circumstances under which the concerned Government servant was convicted and was supposed to record satisfaction to the effect that such a conviction had rendered him unsuitable for government service. (Para 7)
The authority competent to take disciplinary action against a Government servant convicted on a criminal charge has to consider all the circumstances of the case and then to decide whether the conduct of the delinquent official which led to his conviction is such as to render his further retention in public service undesirable and if so then whether to dismiss him or to remove him from service, or to compulsorily retire him; and if the said conduct of the official is not such which renders his further retention in service undesirable whether the minor punishment if any, should be inflicted on him. Towards this application of mind, one of the important tests evolved in the aforementioned judgments for deciding as to whether a particular offence involves moral turpitude or not is to find out as to whether the act committed by the individual leading to his conviction was such as it could shock the moral conscience of the society in general or not. (Para 8)
Jaswant Singh, J.
This petition has been preferred by the petitioner to challenge the direction dated 02.08.2017 (Annexure P-5) passed by the Directorate, Local Government Department, Punjab, and the Impugned Order / Resolution dated 04.09.2017 (Annexure P-6) passed by Respondent No. 2, i.e., Municipal Committee, Rajpura, whereby the petitioner has been "Dismissed from Service" upon his conviction in a case pertaining to the offence punishable under the Prevention of Corruption Act, 1988. The reliance has been placed upon a Division Bench decision dated 23.05.2007 (Annexure P-7) of this Court in case Kaur Singh and another Versus Punjab State Electricity Board and others reported in, (2007) 4 SCT 426. The decision of the High Court is set to have followed the judgment in Tulsi Ram Patel's case delivered by the Constitution Bench of the Hon'ble Supreme Court.
2. The factual matrix of the case in brief are that the petitioner joined the services of Municipal Committee as Class-IV Employee / Peon on 20.07.1990 and continued to perform his duties diligently, and was later on promoted to the post of Clerk on 14.11.2006. It was on 10.08.2012 when a case FIR No. 12, under Sections 7 & 13(2), Prevention of Corruption Act, 1988 was registered against the petitioner at Police Station Vigilance Bureau, Patiala, the petitioner was suspended vide order dated 10.08.2012 duly approved through Resolution No. 35/31 dated 29.08.2012. However, during the pendency of the trial, the Municipal Committee passed the Resolution on 29.06.2016 to re-instate the petitioner and utilize his services pending trial. The said Resolution was on the ground of shortage of clerical staff in the Municipal Committee, Rajpura and it was clarified that the employee shall be bound to comply with the orders passed by the Court. The order of reinstatement was passed on 02.11.2016 (Annexure P-1).
3. The trial in case FIR No. 12 dated 10.08.2012 ended in conviction on 08.12.2016 (Annexure P-3) holding the petitioner 'Guilty' for the offences punishable under Sections 7 & 13(2) Prevention of Corruption Act, 1988. As the sentence awarded by the Ld. Trial Court for these offences were for a period of two years (maximum) and that too concurrently, therefore, the concession of bail was extended. A Criminal Appeal No. 4605/SB of 2016 was preferred by the petitioner and the concession of suspension of sentence was allowed.
On 02.08.2017, a communication was sent by the Directorate, Local Government Department to the Executive Officer, Municipal Committee, Rajpura (Respondent No. 3) intimating the decision of the trial Court regarding conviction of the petitioner. It is further communicated that as per the orders passed by the Additional Chief Secretary, Local Government Department, a resolution be passed by the Committee and Sh. Madan Lal (Petitioner), Clerk, who has been convicted by the Court be "Dismissed from Service" and action be taken accordingly. A copy of the judgment was also enclosed. Upon this, the Resolution No. 29/7 dated 04.09.2017 was passed, dismissing the services of the petitioner.
4. Challenge to the dismissal order is made on the ground that Municipal Committee is the competent authority and therefore, the power to dismiss the services vest with the Municipal Committee and mere conviction is not enough for "Dismissal from Services". It is alleged that the order of dismissal is not passed by a Competent Authority as the post held by the petitioner is non-provincialized post. Besides violation of principle of natural justice is pleaded as well as the ignorance of the settled law.
Upon notice, contesting respondent Nos. 2 & 3 had filed the written statement, wherein the impugned decisions have been justified, by relying upon the previous conduct of the petitioner as well as the conviction recorded in case FIR No. 12 dated 10.08.2016. It is highlighted that on previous occasions, the petitioner was suspended in the year 1993 and was later on reinstated on 11
