Termination of contractual employee for criminal conviction upheld; appeal does not nullify conviction.

By Justice Rajiv Joshi, Member (Judicial):-

Heard Shri Chandra Dutt, learned counsel for the applicant and Shri K.D. Mishra, learned counsel for the respondents.

2. The instant Original Application under Section 19 of the Central Administrative Tribunal Act, 1985 has been filed for the following reliefs:

8.1 Issue an order or direction to quash the impugned order dated 24.03.2024 (communication dated 27.10.2014) passed by Superintendent Daak Ghar, Varanasi, West Region, respondent-3.

8.2 Issue an order or direction to the respondent-3 to reinstate the applicant on the post of Gramin Daak Pal Seval

8.3 Issue any other and further order or direction or any suitable relief which the applicant is legally entitled any which this Hon’ble Tribunal may deem fit and proper in the circumstances of the case.

8.4 This Hon’ble Tribunal may further be pleased to award cost of the Original Application to the applicant.

3. The brief facts as apparent from the record are that the applicant was engaged/appointed as Post Man in rural Area as Branch Dak Pal Thabethua, Kathirwavan vide engagement letter dated 04.06.2006. He joined on the said post on 11.06.2006. Thereafter, he was continuously working to the satisfaction of the respondents. However, on 25.10.2008, a false and fabricated First Information Report (hereinafter referred as FIR) was lodged against applicant and 4 others in Case Crime No. 269 of 2008 under sections 498A, 304B of the Indian Penal Code in Police Station Phoolpur District-Varanasi.

PUNIT KUMAR MISHRA

3.1 The wife of the applicant got seriously ill on 24.10.2008 and was suffering from Gastro Interties (Loose Motion and Vomiting) and she was admitted at 6.30 P.M. at Shivam Hospital in Kathirawn, which is 3 km. away from the Sasural of the deceased and there from she was referred to Varanasi Hospital on 25.10.2008 at 5.00 AM, and thereafter making all arrangement of expenses, the husband took her by Maruti Van to once again in a nearby Sanmukh Hospital, Babatpur for quick relief, but she was not admitted by the doctors. Then, she was taken to BHU Hospital, where she was admitted and while going to Medical checkup, consequently she died as her natural death.

3.2 Thereafter, the applicant was convicted in case crime No. 269 of 2008 in ST No. 49/2009 (State Vs. Raj Dulari and another) on 24.03.2014 under section 302, 201, 498A of the IPC and 3/4 DP Act and other co-accused, Raj Dulari, Ram Surat Ram, Amit Kumar, Ajit Kumar were acquitted. The applicant was detained in custody from 19.11.2008.

3.4 Aggrieved by the same, the applicant filed Criminal Appeal No. 1661 of 2014 under section 374(2) Cr.PC. before the High Court of Allahabad and the applicant was granted bail vide order dated 09.05.2016. In compliance of order dated 09.05.2016, the applicant was released from Jail on 20.05.2016 and he was remained custody from 19.11.2008 to 20.05.2016.

3.5 In the meantime, the applicant was terminated from the service w.e.f. 24.03.2014 vide order dated 27.10.2014 on the ground conviction of the applicant in ST No. 49/2009 under sections 302, 201, 498A of the IPC and 3/4 DP Act. Subsequently, an advertisement was floated by the respondents on 30.12.2014 in respect of provisional vacancy of post man, which was fallen vacant due to initiation of criminal proceeding against the applicant and same was subject to the condition of PUNIT KUMAR reinstatement of the applicant and after reinstatement of applicant the MISHRA aforesaid vacancy would be automatically deemed to be terminated. Hence, the applicant has been constrained to knock the door of this Court.

4. A counter affidavit has been filed by the respondents on 29.09.2021, wherein, it has been stated that the applicant was initially appointed as Gramin DAK Sevak, BPM Dabethua Branch Office in account with Kathiraon Sub Office of Varanasi West Division vide Memo No. A-131/Niyukti/2008 dated 04.06.2008 & after completion