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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
SHEEL NAGU, VIRENDER SINGH
Rajendra Prasad Chourey, S/o. Gulab Das Chourey – Appellant
Versus
Union Of India Through General Manager Security Paper Mill (M.P.) – Respondent
| Table of Content |
|---|
| 1. petitioner's dismissal based on criminal conviction. (Para 1) |
| 2. petitioner's argument on lack of hearing. (Para 4) |
| 3. requirement for reasonable opportunity before penalty. (Para 5 , 6 , 7 , 8 , 9 , 10) |
| 4. court's order to quash dismissal and direct hearing. (Para 11) |
ORDER :
The petitioner invoking the writ jurisdiction of this Court under Article 226 of the Constitution of India assails the order dated 10.7.2000 (Annexure P-7) by which the employer invoking Section 19 (1) of the Central Civil Services (Classification, Control and Appeal) Rules 1965 (for brevity, ‘CCS Rules’) dismissed the petitioner from service for being involved in grave misconduct arising from judgment dated 7.6.2000 vide Crime No.58/1999 by which petitioner was convicted for offence punishable under Section 307 of the IPC and sentenced to undergo RI for 3 years in ST No. 60/1995 passed by First Additional Sessions Judge, Hoshangabad.
2. Learned counsel for rival parties are heard on the question of admission as well as final disposal.
3 The sole contention of learned counsel for petitioner is that reasonable opportunity of being heard was not afforded prior to passing of impugned order of dismi
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.
Removal from service post-criminal conviction not automatic under Rule 19(i) CCS(CCA) Rules; requires disciplinary authority's active consideration of all circumstances, effective representation oppo....
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....
Disciplinary Authority must follow Rule 15(2) CCS (CCA) Rules by giving reasons for disagreeing with exonerating inquiry report; Rule 19(ii) inapplicable after inquiry held; non-speaking dismissal or....
Conviction on criminal charge does not trigger automatic removal under Rule 19 CCS(CCA) Rules; must record reasons to dispense with inquiry, consider offence nature, service impact, and afford repres....
Departure from regular disciplinary inquiry under Rule 14(ii) RS(D&A) Rules requires specific recorded reasons for impracticability; vague satisfaction invalidates removal order, especially with crim....
Mandatory adherence to procedural rules in disciplinary hearings ensures fairness and due process for the charged official.
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