JITENDRA KUMAR JHA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this petition is to the show cause notice dated 29.03.2019 (Annexure P/1) whereby an explanation has been called from the petitioner so far as non disclosure of the fact that the petitioner had been subjected to criminal prosecution twice which the petitioner did not disclose to the department inspite of petitioner having been pin pointedly asked in this regard in the year, 2015.

(2.) The counsel for the petitioner assailing the impugned show cause notice submits that one of the offence was of the period prior to the appointment and another offence is of the period subsequent to the appointment. So far as earlier proceeding i.e. of the year, 2001 is concerned, there the petitioner was subjected to only preventive proceeding under Sections 107 and 116 CrPC. This according to the petitioner is not one which would fall within the ambit of moral turpitude as per circulars of the State Govt. itself. Moreover, according to the petitioner, the respondents authorities are liable to verify the gravity of the criminal offence for which he has been prosecuted before the department decides whether he should be continued in employment or not, as is required under the circular of the State dated 20.12.2007.

(3.) So far as second charge is concerned, according to the petitioner, since that was a proceeding which was initiated much after the petitioner came in employment, there was no occasion for him to have disclosed it at the time of his appointment and the same cannot be said to be a misconduct or suppression of facts of the petitioner. Moreover, the petitioner has been acquitted of the said charges. For this reason also, the show cause notice deserves to be set aside/quashed.