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2019 Supreme(P&H) 1696

HARSIMRAN SINGH SETHI
Ram Kumar Ranga – Appellant
Versus
State of Haryana – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Saurabh Garg.

JUDGMENT :

HARSIMRAN SINGH SETHI, J.

1. In the present writ petition, the challenge is to the letter dated 11.02.2016/26.02.2016 (Annexure P-3) whereby, in reply to the legal notice served by the petitioner claiming the benefit of leave encashment has been declined on the ground that the petitioner was convicted by the competent Court of law on the charges involving moral turpitude in the case titled CBI vs. Vidhya Dhar etc. and in pursuance to the said conviction, petitioner was dismissed from service vide order dated 21.03.2013 and was relieved w.e.f. 05.04.2013 and therefore, an employee, who has been dismissed from service on the charges involving moral turpitude, is not entitled for the grant of leave encashment.

2. As per the facts mentioned in the writ petition, petitioner was employed as a Block Education Officer in the Department of Education Haryana. Petitioner was convicted in the infamous JBT scam, which was enquired into by the Central Bureau of Investigation (CC No. 37 of 2010), under the Prevention of Courruption Act, 1988. The said conviction is still maintained

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