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G. S. AHLUWALIA
RAJESH S/o BHURE SINGH RAGHUVANSHI – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent
ORDER : – This petition under Article 226 of the Constitution of India has been filed seeking following reliefs :
i. That, the impugned order dated 12-5-2018 (Annexure P/3), 3-4-2019 (Annexure P/2) and 14-2-2020 (Annexure P/1) passed by the respondent authorities may kindly be set aside in the interest of justice. ii. That, the respondent may be directed to reinstate the petitioner in the service with all the consequential benefit or in alternative remand back to the respondent to consider afresh the stability of the petitioner on the basis of the merits and not only because of the mere conviction in the interest of justice. Any other relief which this Hon’ble Court deems fit in the facts and circumstances of the case same may kindly be granted to the petitioner.
2. The petitioner was working on the post of Jail Guard. He was tried in a criminal case and ultimately he was convicted. The services of the petitioner were terminated by order dated 12-5-2018 passed by Jail Superintendent, Central Jail, Bhopal on the ground that the petitioner has been convicted by judgment and sentence dated 8-12-2017 passed by Special Judge, (Scheduled Castes and Scheduled Tribes Act), Guna in S. T. No
The main legal point established in the judgment is that termination of service based on conviction can be justified if the offence involves moral turpitude and exceeds the right of private defence.
Suspension of a teacher under university statutes requires a finding of moral turpitude, which was not established in the case of a motor vehicle accident without mens rea.
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 ....
The distinction between suspension of sentence and stay of conviction is critical; the latter requires exceptional circumstances, particularly in serious offences.
Conviction under Section 323 IPC does not warrant dismissal; absence of moral turpitude requires proportional disciplinary action.
Suspension of a sentence does not equate to a stay of conviction; a convicted public servant cannot retain their position.
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.
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