SAVITRI DEVI Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD Mr. B.R. Singh, learned counsel for the petitioner as well as learned Standing Counsel and perused the record. Through the instant writ petition the petitoner has assailed the order dated 03. Octorber.2003 passed by the Prescribed Authority/ Chief Medical Officer, Sitapur whereby the petitioner has been dismissed from service. The petitioner was placed under suspension due to her implimentation in a Criminal Caes registered as Case Crime No. 528 of 1999 under section 304 -B, 498 -A read with section 34 of the Indian Penal Code. Ultimately the petitioner had been convicted in the aforesaid case under section 302 read with section 34 of the I.P.C. by means of order dated 05.12.2002. Therefore in the light of the Departmental Rules notified on 30.07.1997 the petitioner had been dismissed from service w.e.f. 31.05.2003.

(2.) LEARNED counsel for the petitioner submits that since the petitioner had been dismissed due to conviction in a Criminal case, admittedly no departmental inquiry was conducted. However the disciplinary authority was under obligation to discuss the conduct of the petitioner as to what role was played by the petitioner in commission of offence which led her convication in Criminal Case. He drew attention of the Hon'ble Court towards Article 311 of the Constitution of India which is extracted below: Article 311. "Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State: -

(3.) ON its conclusion the Hon'ble Supreme Court held that what is relevant factor for consideration is the conduct of the Government Servant which has led his conviction for Criminal Charge. However since in this case also like the case on hand the respondent was convicted having been found guilty by a Crimial Court, the Hon'ble Supreme Court held that untill it has been decided that it may not be advisable to retain such person in service.