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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
VIVEK RUSIA
Balram Ruhela S/o Late Shri Badrilal Ruhela – Appellant
Versus
State of Madhya Pradesh – Respondent
ORDER :
1. The petitioner has filed by the present petition under Article 226 of the Constitution of India being aggrieved by the order dated 15.03.2023 passed by the District Education Officer, District - Rajgarh, whereby he has been terminated from service on account of conviction in criminal case vide judgment dated 31.12.2022.
2. Draped in brevity, the relevant facts are that the petitioner was appointed as Guruji in the year 2001. Thereafter, vide order dated 16.05.2013, he was merged in the cadre of Assistant Teacher, Grade - III. Thereafter, he was promoted to the post of Primary Teacher vide order dated 05.10.2018. So far as his service carrier is concerned, the same is unblemished.
3. On 29.05.2019, three persons namely Pappu, Ashok and Kalu started dispute with Jagdish, brother of the petitioner in front of his house. Upon hearing the noise, father of the petitioner, Badrilal came out of the house. Thereafter, he was assaulted by aforesaid three persons by wooden stick which resulted in his death. An F.I.R. at Crime No.72/2019 was lodged by Jagdish against the aforesaid three persons for commission of offence punishable under Section 147 , 148, 149, 294, 302, 307, 323 & 326
The disciplinary authority must evaluate circumstances before imposing penalties on government servants convicted in criminal cases, ensuring adherence to principles of natural justice and proportion....
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....
Service Law - Punishment of dismissal from service - Appeal against - Once disciplinary authority reaches conclusion that government servant’s conduct was such as to require his dismissal or removal ....
Dismissal of a government servant post-conviction requires consideration of conduct leading to conviction, not merely the conviction itself.
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.
Disciplinary action based on criminal conviction requires adherence to principles of natural justice, mandating a reasonable opportunity for the employee to contest the penalty imposed.
Dismissal based solely on conviction is invalid without consideration of conduct; procedural safeguards must be observed, including issuing a show-cause notice.
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