RAM PRATAP SINGH Vs. STATE OF UP

JUDGEMENT

(1.) 1. Heard Shri Kaushal Kishore Mishra for the petitioner. Learned Standing Counsel appears for the respondents. The affidavits have been exchanged. With the consent of parties, the writ petition was finally heard and is finally decided at the admission stage.

(2.) THE petitioner was serving as 'Seenchpal' in the office of Executive Engineer, Fatehpur Division, Lower Ganga Canal, Fatehpur. For the purposes of discipline and conduct, his services are governed by the Uttar Pradesh Government Servants (Discipline and Appeal) Rules, 1999, notified under Article 309 of the Constitution of India.

(3.) IN the meantime, the Executive Engineer dismissed petitioner's services on his conviction in Sessions Trial No. 287 of 2000 under Sections 302/149, 147 IPC; for being punished with life imprisonment and also for his detention in jail on 29.11.2007. The petitioner has challenged the order dated 26.12.2007 terminating his services on the ground that though under clause-a of the second proviso to Article 311 (2) of the Constitution of INdia a person, who is member of the civil service of the union, may be dismissed or removed or reduced in rank on the ground of conduct, which has led to his conviction on a criminal charge, in view of judgements of Supreme Court and specially in Union of INdia vs. Tulsi Ram Patel 1985 3 SCC 368: AIR 1985 SC 1416, the appointing authority is required to look into his conduct, which has led to his conviction on the criminal charge.