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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARPREET SINGH BRAR
Rajwinder Kaur – Appellant
Versus
Punjab State Civil Supplies Corporation – Respondent
| Table of Content |
|---|
| 1. petition for compassionate appointment post-dismissal (Para 1 , 2) |
| 2. argument for exoneration and hardship from non-payment (Para 3) |
| 3. respondents’ defense on concealment and penalties (Para 4) |
| 4. analysis of moral turpitude in context of conviction (Para 5 , 6) |
| 5. clarifications on moral turpitude implications (Para 7 , 8) |
| 6. disciplinary action not automatically following conviction (Para 9) |
| 7. gratuity denial not justified under current facts (Para 10 , 11) |
| 8. conclusion to quash orders and grant benefits (Para 12) |
JUDGMENT :
HARPREET SINGH BRAR, J.
1. The present petition has been preferred under Article 226 of the Constitution of India seeking issuance of a writ in the nature of mandamus directing the respondents to appoint petitioner No.2 on compassionate basis in lieu of death of his father who worked as a Chowkidar with the respondent- Corporation. Further, a prayer has been made for quashing of order dated 06.10.2020 (Annexure P-9) whereby the deceased employee was dismissed from service as well as order dated 16.09.2022 (Annexure P-10) vide which the representation submitted by the petitioners for release of service benefits and compassionate appointment for p
Conviction under Section 138 NI Act does not constitute moral turpitude relating to employment if it arises from personal debts; wrongful termination necessitates reinstatement and benefits.
1. Conviction of an employee in an offence permits the disciplinary authority to initiate disciplinary proceedings against the employee or to take appropriate steps for his dismissal/removal only on ....
Forfeiture of gratuity for misconduct involving moral turpitude is permissible without a criminal conviction, emphasizing the discretion of the appointing authority in determining the extent of forfe....
1. Departmental proceedings cannot be continued and a penalty cannot be imposed after an employee has ceased to be in service, in the absence of a specific provision for continuation of the proceedin....
The main legal point established in the judgment is that under Article 311(2)(a) of the Constitution of India, the conduct of an employee leading to a conviction must be considered before passing a d....
Forfeiture of gratuity can only occur upon conviction by a court of competent jurisdiction for an offence involving moral turpitude, as established in Union Bank of India v. C. G. Ajay Babu and Other....
Termination of service and forfeiture of gratuity require substantial proof of misconduct; mere allegations are insufficient without evidence or conviction for moral turpitude.
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