The disciplinary authority must evaluate circumstances before imposing penalties on government servants convicted in criminal cases, ensuring adherence to principles of natural justice and proportionality.

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 of the Indian Penal Code.

4. As a counter blast, they also lodged an F.I.R. against the petitioner and his brothers namely Indra Singh Ruhela and Jagdish for commission of offence punishable under Sections 294 , 323, 324, 325 & 506 of the IPC at Crime No.82/2019. A trial was conducted against the petitioner and vide judgment of conviction and sentence dated 31.12.2022 passed in Sessions Trial No.71/2019, he has been convicted for commission of offence punishable under Sections 323 /34, 324/34 & 325 of the and sentenced to undergo 06 months' rigorous imprisonment along with fine of Rs.500/-, 10 months' rigorous imprisonment along with fine of Rs.500/- and 01 year's rigorous imprisonment along with fine of Rs.1,000/- respectively. Against the said judgment, the petitioner preferred Criminal Appeal No.547 of 2023 and vide order dated17.01.2023, his remaining jail sentence has been suspended by this Court.

5. On account of conviction of the petitioner, vide order dated 15.03.2023, the District Education Officer directly issued an order of termination in exercise of power conferred under Rules 10 & 19 r/w rule 14 of the Madhya Pradesh Civil Services (Classification, Control & Appeal) Rules, 1966 (in short the Rules of 1966) and Article 311(2)(a) of the Constitution of India. Hence, present petition is before this Court.

6. Shri R.S. Chhabra, learned Senior Counsel for the petitioner submits that under Rule 19 of the Rules of 1966, the Disciplinary Authority may make such order where any penalty is imposed on a Government servant on the ground of conduct which has led to his conviction on a criminal charges. But this rules nowhere contemplate that the penalty of dismissal alone is liable to be imposed upon conviction of a Government servant in a criminal case. The Disciplinary Officer must consider the circumstances of the case and then make such orders thereon as it deems fit. Looking to the facts and circumstances of the case, even minor penalty can be imposed under the provisions of Rules 14 to 18 of the Rules of 1966. Shri Chhabra further submits that the similar issue came up for consideration before the Division Bench of this Court in the case of Rajendra Prasad vs. Union of India & Others (Writ Petition No. 1605 of 2018) decided on 27.01.2023, whereby the Division Bench of this Court in similar facts and circumstances has set aside the punishment order and remanded the case ba