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G. S. AHLUWALIA
Manoj Choure, S/O Shri Barikrao Choure – Appellant
Versus
State of Madhya Pradesh Through The Principal Secretary, Tribal Work Department – Respondent
ORDER :
This petition under Article 226 of Constitution of India has been filed against the order dated 08.06.2023 by which petitioner has been dismissed from service on the ground that he has been convicted for offence under Sections 420, 409/120B, 109 of IPC and under Section 6 of Madhya Pradesh Nikshepakon Ke Hiton Ka Sanrakshan. Adhiniyam, 2000 and has been sentenced to undergo R.I. for 5 years and fine of Rs.5000/-, in default 5 months R.I.
2. It is submitted by counsel for petitioner that after his conviction i.e. by judgment dated 28th of April, 2023 passed in S.T. No. 200074/2014, he was sent to jail but by order dated 22.09.2023 passed in Criminal Appeal No. 6444/2023, his sentence has been suspended. Therefore, he filed an application on 05.10.2023 for his reinstatement on the ground that his sentence has been suspended but no heed has been paid. Accordingly, it is submitted that the order dated 08.06.2023 (Annexure-P/3) be quashed or in the alternative, respondent No. 4 be directed to decide his representation dated 05.10.2023.
3. Per contra, the petition is vehemently
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.
Conviction under Section 323 IPC does not warrant dismissal; absence of moral turpitude requires proportional disciplinary action.
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 ....
Dismissal based solely on conviction is invalid without consideration of conduct; procedural safeguards must be observed, including issuing a show-cause notice.
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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