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IN THE HIGH COURT OF ALLAHABAD
AJIT KUMAR
Santosh Kumar Singh – Appellant
Versus
State Of U.P. – Respondent
| Table of Content |
|---|
| 1. dismissal due to criminal conviction. (Para 1 , 2 , 3) |
| 2. arguments regarding the need for a show-cause notice. (Para 4 , 5 , 6) |
| 3. court's analysis on procedural requirements. (Para 7 , 8 , 9 , 10) |
| 4. principle regarding the authority's discretion in dismissals. (Para 11 , 12 , 13) |
| 5. order for reinstatement and procedure to follow. (Para 14 , 15 , 16) |
JUDGMENT :
Ajit Kumar, J.
1. Heard Sri Vijay Gautam, learned Advocate assisted by Ms. Atipriya Gautam, learned counsel for the petitioner and learned Standing Counsel for the State respondents.
2. Petitioner was dismissed from service under order dated 28.2.2024 passed by respondent no.5 on account of his conviction in a criminal trial under judgment and order passed by the trial court on 25.10.2023 in criminal case no. 22 of 2011 ( State v. Santosh Kumar Singh ), arising out of case crime no. 178 of 2010 under Section 7 , 13(1)(d) read with section 13(2) P.C. Act, P.S. Sector 49 Noida, District Gautam Budh Nagar, by which sentene awarded to the petitioner was five years imprisonment and fine of Rs. 20,000/-.
3. Petitioner was working as a 'Sub Inspector' in the Police Department prior to passing of the impugned order date
Dismissal based solely on conviction is invalid without consideration of conduct; procedural safeguards must be observed, including issuing a show-cause notice.
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....
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.
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....
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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