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IN THE HIGH COURT OF MADHYA PRADESH

AT GWALIOR

BEFORE

HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA

ON THE 5th OF SEPTEMBER, 2022

WRIT PETITION NO. 19637 OF 2022

Between:-

RAJESH

RAGHUVANSHI,

S/O

BHURE SINGH RAGHUVANSHI,

AGE 37 YEARS, OCCUPATION NA,

R/O VILLAGE MAHUAKHEDA,

POLICE STATION ARON, DISTRICT

GUNA (MADHYA PRADESH)

….....PETITIONER

(BY SHRI V.K. SAHU - ADVOCATE)

AND

1.

THE STATE OF MADHYA PRADESH

THROUGH

ITS

PRINCIPAL

SECRETARY DEPARTMENT OF

JAIL, VALLABH BHAWAN, BHOPAL

(MADHYA PRADESH)

2.

DIRECTOR

GENERAL

OF

PRISONER & CORRECTIOINAL

SERVICES, BHOPAL (MADHYA

PRADESH)

3.

SUPERINTENDENT OF CENTRAL

JAIL, KRISHNA NAGAR, BHOPAL

2

(MADHYA PRADESH)

….....RESPONDENTS

(BY SHRI DEVENDRA CHAUBEY – GOVERNMENT

ADVOCATE)

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This petition coming on for hearing this day, the Court passed the

following:

ORDER

This petition under Article 226 of the Constitution of India has

been filed seeking following reliefs:

i.

That, the impugned order dated 12.05.2018

(Annexure P/3), 03.04.2019 (Annexure P/2) and

14.02.2020 (Annexure P/1) passed by the

respondent authorities may kindly be set aside in

the interest of justice.

ii.

That, the respondent may be directed to

reinstated the petitioner in the service with all the

consequential benefit or in alternative remanded

back to the respondent to consider afresh the

stability of the petitioner on the basis of the merits

and not only because of the mere conviction in the

interest of justice.

Any other relief which this Hon'ble Court

deems fit in the facts and circumstances of the

case same may kindly be granted to the petitioner.

2.

The petitioner was working on the post of Jail Guard. He was tried

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in a criminal case and ultimately he was convicted. The services of the

petitioner were terminated by order dated 12.5.2018 passed by Jail

Superintendent, Central Jail, Bhopal on the ground that the petitioner has

been convicted by judgment and sentence dated 08.12.2017 passed by

Special Judge, (Scheduled Castes and Scheduled Tribes Act), Guna in

S.T.No.1/2010. It is submitted that against the judgment of his conviction

the petitioner has filed a Criminal Appeal No.6068/2017 and his sentence

has been suspended. After the conviction of the petitioner, a suo motu

enquiry was initiated and the services of the petitioner were terminated

only on the basis of his conviction. The petitioner thereafter filed a

departmental appeal against the order dated 12.5.2018 and the said

appeal was also dismissed by impugned order dated 3.4.2019 passed by

Director General of Prisoner and Correctional Services, Bhopal.

Thereafter, the petitioner filed a review application before the Jail

Department and the said review application has also been dismissed by

order dated 14.2.2020.

3.

Challenging the orders passed by the Courts below, it is submitted

by the counsel for the petitioner that respondent authorities have

terminated the services of the petitioner without considering the merits of

the matter. It is submitted that a person cannot be terminated merely on

the ground of his conviction and the authorities must consider the nature

of offence as well as the allegations made against the delinquent officer

and also that whether the offence involves moral turpitude or not. No

such finding has been given and thus it is submitted that the order of

termination is bad. To buttress his contention, the counsel for the

petitioner has relied upon the judgment dated 7.1.2020 passed by the

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Allahabad High Court in Writ-A No.14570/2009 (Ram Kishan vs.

State of U.P. And others).

4.

Per contra, the petition is vehemently opposed by the counsel for

the State. It is submitted that there is a material difference between

suspension of sentence and stay of conviction. It is not the case of the

petitioner that the findings of conviction has been s