HARI MOHAN SHUKLA Vs. BASIC SHIKSHA PARISHAD

JUDGEMENT

(1.) THE petitioner who is a Junior High School teacher was convicted under Section 302 IPC by a Court of Sessions but his appeal against that conviction is pending before this Court. He has now been dismissed on the basis of his conviction by an order dated 30-9-83. Learned counsel for the petitioner has contended that the eventuality of dismissal on the basis of conviction is not contemplated in the U. P. Basic Educational Staff Rules, 1973. It appears however that Rule 5 (3) of those Rules lays down that the procedure laid down in Civil Services (Classification, Control and Appeal) Rules (for short CCA Rules) as applicable to a government servant shall as far as possible be followed in disciplinary proceedings under these rules. Rule 55 of the C. C. A. Rules lays down that opportunity is to be given to the delinquent only in a case where an order of dismissal etc. that if proposed to be passed is not based on facts which had led to his conviction in a Criminal Court. Thus, indirectly, it has been provided that no opportunity is to be given for an order of dismissal on the basis of facts which have led to the conviction of the teacher by a Criminal Court.

(2.) LEARNED counsel Sri Mannan has invited our attention to sub-rule (2) (b) of Rule 49-A of the CCA Rules which read as follows "A Government servant shall be deemed to have been placed, or as the case may be, continued to be placed under suspension of an order of the appointing authority. (a)..................... (b) with effect from the date of his conviction, if in the event of a conviction for an offence, he is sentenced to a term of imprisonment exceeding forty-eight hours and is not forthwith dismissed or removed consequent to such conviction. Explanation-The period of forty eight hours referred to in clause (b) of this sub-rule shall be computed from the commencement of the imprisonment after the conviction and for this purpose, intermittent periods of imprisonment, if any, shall be taken into account.

(3.) AS such we find no merit in this petition which is hereby dismissed. Petition dismissed.