RAM CHANDRA SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner was removed from his service by an order dated 18.11.1985, filed as Annexure 3 to the writ petition, under Rule 37A of the Central Industrial Security Force Rules, 1969. Shri H. N. Sharma, learned counsel for the petitioner assails the same on the ground that the order of dismissal can only be passed only if there is punishment of Rigorous Imprisonment (hereinafter referred to as R.l.) upon conviction. But in the present case, there having been only a fine of Rs. 125 on the ground of being convicted under Section 323 of the Indian Penal Code. THEre is no scope for inflicting grave punishment of removal from service. According to him this was a simple quarrel between the relatives which was wholly unconnected with the employment of the petitioner and that too had taken place before the petitioner was employed though, however, the conviction resulted after he was inducted in the employment. His second argument was, that if the petitioner does not come within second part of Rule 37 in that event question of punishment is to be considered as might deemed fit by the authorities on the basis of graveness of the conduct leading to conviction on Criminal charge. Very fairly, however, he has not addressed the court on the question of charges proved and the other relevant matter. He has confined his submission only to these questions.

(2.) IN order to appreciate the position it is necessary to refer to Rule 37, which is being reproduced below :

(3.) IN that view of the matter the impugned order dated 18.11.1985 is liable to be quashed and is accordingly quashed only to the extent of imposition of punishment by the said order dated 18.11.1985. A writ of certiorari do issue accordingly. The authority shall, however, consider the question of imposition of punishment on the basis of the facts and circumstances of the case having regard to the expression "may consider the circumstances of the case and pass such order thereon as it may deem fit "in accordance with law, indicating the reasons supporting imposition of such penalty and such consideration should be affected within a period of four months from the date a certified copy of this order is produced before the concerned respondent. While considering the question the disciplinary authority shall not be influenced by any observation made with regard to the merit of the case in this order and shall be free to pass orders according to its own wisdom strictly in accordance with law. The petitioner's services shall be subject to the result of such decision that might be taken afresh.