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AJIT KUMAR
Prakash Chandra Mishra – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
(Ajit Kumar, J.)
Heard Sri Arvind Srivastava, learned Advocate appearing for the petitioner and Sri P.K. Srivastava, learned Additional Chief Standing Counsel for the State-respondents.
2. This is the fourth round of litigation by the petitioner questioning the decision of the disciplinary authority in dispensing with/terminating the services of the petitioner only on the ground that he has been convicted and sentenced in a criminal case under the judgment and order dated 25.3.2004 in Session Trial No. 396 of 1999 which he appealed against before the High Court in Criminal Appeal No. 1706 of 2004. The conviction of the petitioner has been under Sections 307/504/506 Indian Penal Code and Section 35 of the Arms Act. In the pending criminal appeal petitioner had already been enlarged on bail as the execution of the sentence has been stayed by the order of the Court and later on conviction and sentence has been set aside as the Criminal Appeal stood allowed.
3. It is to equally worth to mention here that on account of petitioner being sent to jail as a result of conviction in the session trial case, petitioner could be released on bail only in Criminal appeal and so he could
A disciplinary authority must assess an employee's conduct in light of a criminal conviction before imposing dismissal, considering moral turpitude and overall service record.
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....
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....
Service Law - Dismissal of Service - Justified - Charges for conviction more heinous in nature - Petitioner’s appeal is still pending before this Court - Grant of bail to the petitioner in such appea....
Acquittal in a criminal case does not automatically lead to reinstatement in disciplinary proceedings unless charges and evidence are identical.
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