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2020 Supreme(P&H) 1454
IN THE HIGH COURT OF PUNJAB AND HARYANA
Ritu Bahri, J.
Kuldeep - Appellant
Versus
State Of Haryana And Others - Respondent
CWP No. 15832 of 2015
Decided On : 09-06-2020
Mr. Sonu Gill, Advocate, for Mr. D.P.S. Bajwa, Advocate, for the Appellant; Mr. Randhir Singh, Addl. A.G., Haryana., for the Respondent
The main legal point established is that the nature of the criminal offence, the truthfulness of disclosure, and the suitability for the job are crucial factors in determining the impact of a criminal conviction on employment.
Headnote:
Dismissal from Service - Criminal Conviction - Sections 323/325/148/149 IPC - Avtar Singh vs. Union of India and others, 2016 (3) SCT 672
Fact of the Case:
The petitioner was dismissed from service due to a criminal conviction under Sections 323, 325, 506 read with Section 34 IPC. The petitioner had concealed his conviction in the application form for the position of Jail Warder.
Finding of the Court:
The court found that the petitioner had mentioned the registration of the FIR in the application form and did not intentionally suppress any material fact. The court held that the offences committed by the petitioner did not fall under moral turpitude and were trivial in nature.
Issues: The main issue was whether the petitioner's criminal conviction warranted dismissal from service and if the petitioner had deliberately concealed his conviction in the application form.
Ratio Decidendi: The court applied the guidelines laid down by the Supreme Court in Avtar Singh vs. Union of India and others, 2016 (3) SCT 672, which emphasized the importance of truthfully disclosing criminal convictions and the discretion of the employer to condone such lapses based on the nature of the offence and the suitability for the job.
Final Decision: The petition was allowed, and the impugned orders of dismissal were set aside. The respondents were directed to reinstate the petitioner within a month.
JUDGMENT
Ritu Bahri, J. - Petitioner is seeking quashing of the order dated 05.12.2014 (Annexure P-3), whereby he has been dismissed from service and order dated 27.05.2015 (Annexure P-6), vide which appeal against the said order has been dismissed.
2. Petitioner joined the respondent-department as Jail Warder on 22.04.2013. Earlier, FIR No.02 dated 04.01.2007, under Sections 148/149/323/325/506 IPC was registered against the petitioner and his family members at Police Station, Bawani Khera, District Bhiwani. Vide judgment dated 25/26.11.2011 (Annexure P-1), the petitioner was convicted and sentenced to undergo rigorous imprisonment for a period of 1 years and to pay a fine of Rs.1600/- for commission of offences under Sections 323, 325, 506 read with Section 34 IPC. Against the said judgment, petitioner filed an appeal, which was dismissed vide judgment dated 21.11.2014 (Annexure P-2) passed by the Additional Sessions Judge, Bhiwani. Thereafter, petitioner filed CRR No. 3899 of 2014 before this Court, which was admitted vide order dated 20.04.2015 (Annexure P-4) and sentence awarded to the petitioner was suspended. Meanwhile, vide order dated 05.12.2014 (Annexure P-3) passed by respondent No.3-Superintendent, Head Quarter, Jail, Panchkula, the petitioner was dismissed from service. Appeal against the said order was dismissed vide order dated 27.05.2015 (Annexure P-6). Hence, this petition.
3. Learned counsel for the petitioner, at the outset, referred to the notifications dated 02.02.1973 & 05.08.1966 (Annexures P-7 & P-8) to contend that offences under Sections 323/325/148/149 IPC do not fall under the moral turpitude. Hence, even if, the petitioner has been convicted, no case for terminating his services was made out. He has referred to the judgment passed by Hon'ble the Supreme Court in Avtar Singh vs. Union of India and others, 2016 (3) SCT 672 , where guidelines to examine a case, where services of an employee have been terminated on account of involvement in a criminal case, have been laid down.
4. Learned State counsel, on the basis of stand taken in the written statement, has argued that pursuant to the advertisement dated 31.07.2012, applications for 1091 posts of Jail Warders were invited. Petitioner's case for appointment was recommended by the Recruitment Committee vide letter dated 18.04.2013. Thereafter, petitioner joined the Prison Department, Haryana as a Warder on 29.04.2013. One of the conditions of appointment letter (Annexure R-1) was that his appointment was subject to his character and antecedents verification and the appointment was liable to be cancelled without any notice. After verification, the Superintendent of Police, Bhiwani sent a report to the District Magistrate, Bhiwani vide letter dated 14.08.2013 (Annexure R-2/T). The District Magistrate, Bhiwani, further sent his report to the Superintendent, Borstal Jail, Hisar vide letter dated 29.08.2013 (Annexure R-3/T). As per the above report (dated 14.08.2013), character of the petitioner was found to be good and there was no criminal case registered against him. Keeping in view this report/letter, the petitioner was allowed to perform his duty in Haryana Prison Department. Thereafter, the Superintendent, Central Jail-2, Hisar, vide letter dated 28.11.2014 (Annexure R-4/T), informed that the petitioner had been arrested and got confined in District Jail, Bhiwani on 21.11.2014 in case FIR No.02 dated 04.01.2007, under Sections 148/149/323/325/506 IPC, Police Station Bawani Khera, District Bhiwani, after dismissal of his Criminal Appeal No.65 of 2011/2014 by the Additional Sessions Judge, Bhiwani vide judgment dated 21.11.2014 (Annexure P-2). The petitioner had submitted his application form for recruitment on 14.08.2012 (Annexure R-5). Therefore, in his application form, he had concealed that he already stood convicted vide judgment dated 26.11.2011 (Annexure P-l). Column Nos.15, 16 of the application form and declaration of the petitioner is reproduc
