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ANIL KSHETARPAL
Ram Pal – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Anil Kshetarpal, J.
CM-4637-C-2024 in RSA-1181-2024
1. Connected appeal filed by the respondent against the common judgment passed by the First Appellate Court is pending in this Court. Hence, the delay of 190 days in filing the appeal is condoned.
2. CM stands allowed.
Main cases
3. With the consent of the learned counsel representing the parties, two connected Regular Second Appeals arising from a common judgment passed by the First Appellate Court shall stand disposed of.
4. In order to comprehend the issues involved in the present case, some relevant facts, in brief, are required to be noticed.
5. In RSA no.3476-2023, appellant was appointed as Hindi Teacher on 12.08.1975. His services were terminated by the order dated 15.12.2003 on the ground that he has been convicted in FIR no.83 dated 18.11.1994 under Section 420, 468, 471 IPC and sentenced to 2 years rigorous imprisonment and fine. He filed an appeal, which was dismissed on 01.09.2016. Thereafter, he filed a civil suit for the grant of decree of declaration claiming that the aforesaid orders are illegal, null and void. The State of Punjab contested the suit on the ground that the services of the plaintiff have been ter
An employer is not required to conduct a departmental inquiry before terminating an employee convicted of a crime involving moral turpitude.
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....
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....
Disciplinary proceedings can proceed independently of pending criminal cases without equating their standards of proof; acquittal in criminal cases does not invalidate departmental findings.
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.
Dismissal based solely on conviction is invalid without consideration of conduct; procedural safeguards must be observed, including issuing a show-cause notice.
Dismissal from service can be imposed under Section 11(1) of the Act 1949 for proven misconduct, regardless of criminal acquittal.
The main legal point established in the judgment is that mere registration of a FIR is not a sufficient ground to dispense with holding a regular inquiry before dismissing an employee, and adequate r....
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