SHRIRAM SHARMA Vs. STATE OF M P

JUDGEMENT

(1.) This petition is directed against the order of termination Annexure P-4 dated 6-10-2007 passed by the District Education Officer, District Morena, whereby the petitioner was terminated because of his conviction and sentence passed by the trial Court for the offence under section 323 read with section 34 of Indian Penal Code with fine of Rs. 200/-.

(2.) Learned counsel appearing on behalf of the petitioner contends that as per the prosecution story, it is apparent that in the family dispute the said offence was registered against the petitioner under section 323 read with section 34 of Indian Penal Code, the trial Court convicted him and directed to undergo the sentence of one month and fine of Rs. 200/-. On filing an appeal before the Appellate Court, the conviction was maintained but looking to the facts and circumstances, imprisonment was set aside and only the fine was imposed.

(3.) Shri K. S. Tomar, learned Senior Advocate has placed a reliance of the Apex Court in the case of State of M. P. and others vs. Hazarilal, 2008 3 SCC 273 and contends that the said offence does not involve the moral turpitude. However, looking to the nature of the offence and in the circumstances in which it has taken place, the termination of the services of the petitioner is unwarranted. The Court in the similar situation dealt with the issue and held that in all the cases bearing the sentence by way of fine to the employee is not required to be removed abruptly. However, prayer is made to quash the order Annexure P-4 passed by the District Education Officer, Morena.