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IN THE HIGH COURT OF ALLAHABAD
AJIT KUMAR
Santosh Kumar Singh – Appellant
Versus
State Of U.P. – Respondent
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 dated 28.2.2024 imposing major penalty dismissing him from service exercising powers under Rule 8(2)(a) of the Uttar Pradesh Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991 (hereinafter referred to as 'the Rules, 1991). Dismissal order is already assailed by the petitioner in this petition.
4. It is argued by counsel for the petitioner that whi
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....
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 the dismissal from service under Article 311(2)(b) without conducting a regular departmental enquiry and without proper justification viola....
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