Back
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
VISHAL DHAGAT
Durga Singh Chandel – Appellant
Versus
State of Madhya Pradesh – Respondent
ORDER :
1. Petitioner has filed this petition under Article 226 of the Constitution of India challenging impugned orders dated 06.06.2025 (Annexure-P/1) and 05.12.2024 (Annexure-P-1/A and P-1/B).
2. By impugned orders, petitioner who was working as Assistant Revenue Inspector in Municipal Council, Khirkiya District-Harda (MP) was dismissed from service after completing 28 years of service.
3. Learned counsel appearing for petitioner submitted that no full-fledged departmental enquiry was conducted. No charges were framed. No notice of enquiry was received by petitioner. No evidence was adduced and notice of imposing major penalty was not served upon him. Petitioner was tried in a criminal case under Section 498-A of the IPC and under Section 4 of the Dowry Prohibition Act. He was convicted by the trial Court and he had preferred an appeal before High Court. In said appeal his sentence was suspended. All of a sudden in July, 2024 order of dismissal from service was passed without conduct of departmental enquiry. It cannot be said that petitioner has violated Rule 35(1) of the Madhya Pradesh Nagar Palika Karmchari (Bharti Tatha Seva Sharte) Rules, 1968. It is submitted that impugned ord
Dismissal based solely on conviction is invalid without consideration of conduct; procedural safeguards must be observed, including issuing a show-cause notice.
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.
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....
Dismissal without a proper inquiry under Article 311 (2) (b) deemed arbitrary and illegal, requiring substantial justification beyond mere allegations.
An employer is not required to conduct a departmental inquiry before terminating an employee convicted of a crime involving moral turpitude.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
