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MANISH KUMAR
Gulab Dutt Dubey – Appellant
Versus
State Of U. P. Thru. Addl. Chief Secy. Revenue – Respondent
JUDGMENT :
1. The present writ petition has been preferred for quashing of the impugned dismissal order dated 13.10.2010, for quashing of the appellate order dated 28.02.2020 and for quashing of the impugned revisional order dated 19.03.2021.
2. Learned counsel for the petitioner has submitted that the petitioner was initially appointed on the post of Untrained Lekhpal in the year 1980 and after passing the Lekhpal School Examination, the petitioner was appointed to the post of Lekhpal regularly in the year 1984.
3. During the service period, the petitioner has been convicted under Sections 302 and 506 (2) IPC. After the conviction, the impugned dismissal order has been passed under Article 311(2) (a) of the Constitution of India merely on the basis that the petitioner has been convicted in a criminal case.
4. It is submitted that the impugned order of dismissal has been passed by the disciplinary authority without applying its mind whereas as per the law settled by catena of judgments of the Hon'ble Supreme Court as well as this High Court that the disciplinary authority has to consider whether the conduct of the concerned government servant is such as justifies the penalty of dismiss
The main legal point established is that a government employee cannot be dismissed solely on the ground of conviction, and the conduct leading to the conviction must be considered before imposing any....
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....
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....
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....
Dismissal based solely on conviction is invalid without consideration of conduct; procedural safeguards must be observed, including issuing a show-cause notice.
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.
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