ARUN KUMAR SACHAN Vs. STATE OF U P

JUDGEMENT

(1.) The Petitioner, who was appointed as Junior Engineer in the Ram Ganga Command Project falling under the Land Development and Water Resources Department of the State on 25th May, 1982, has sought the quashing of the order dated 1st December, 2009 passed by the Chairman and Administrator, Ram Ganga Command Project, Kanpur by which he has been dismissed from service under Clause (a) of the second proviso to Article 311(2) of the Constitution.

(2.) The impugned order dated 1st December, 2009 mentions that The Petitioner should be dismissed from service for the reason that he has been convicted by the Court under Sec. 13(1)(c) read with Sec. 13(2) of the Prevention of Corruption Act and sentenced to imprisonment of one year with a fine of Rs.10,000/ - also.

(3.) It is the submission of Sri Siddharth Khare, learned counsel for The Petitioner that it was incumbent upon the authorities to consider the conduct of The Petitioner which had led to his conviction on the criminal charge before imposing the maximum punishment of dismissal from service. In support of his contention, he has relied upon the decision of the Supreme Court in Shankar Dass v/s. Union of India and Anr. : (1985) 2 SCC 358 and the judgments of this Court in Writ Petition No. 59149 of 2009 (Chandrajeet Yadav v/s. State of U.P. and Ors.), decided on 18th November, 2009 and Writ Petition No. 34209 of 2008 (Ashok Kumar v/s. State of U.P. and Ors.), decided on 4th October, 2010.