MANOJ CHOURE Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition under Article 226 of Constitution of India has been filed against the order dtd. 8/6/2023 by which petitioner has been dismissed from service on the ground that he has been convicted for offence under Ss. 420, 409/120B, 109 of IPC and under Sec. 6 of Madhya Pradesh Nikshepakon Ke Hiton Ka Sanrakshan. Adhiniyam, 2000 and has been sentenced to undergo R.I. for 5 years and fine of Rs.5000.00, in default 5 months R.I.

(2.) It is submitted by counsel for petitioner that after his conviction i.e. by judgment dated 28th of April, 2023 passed in S.T. No. 200074/2014, he was sent to jail but by order dtd. 22/9/2023 passed in Criminal Appeal No. 6444/2023, his sentence has been suspended. Therefore, he filed an application on 5/10/2023 for his reinstatement on the ground that his sentence has been suspended but no heed has been paid. Accordingly, it is submitted that the order dtd. 8/6/2023 (Annexure-P/3) be quashed or in the alternative, respondent No. 4 be directed to decide his representation dtd. 5/10/2023.

(3.) Per contra, the petition is vehemently opposed by counsel for State. It is submitted by counsel for State that the allegation against petitioner was that by alluring the innocent depositors, he persuaded, them to deposit their hard earned money in a company which was illegally floated without obtaining banking licence from the Reserve Bank of India and ultimately, the said amount was misappropriated. Since, the offence allegedly committed by petitioner involves a moral turpitude, therefore, he was rightly dismissed from service. Further it is submitted that the case in hand is duly covered by an order passed by this Court in the case of B.S. Saiyam Vs. The State of Madhya Pradesh and Others, decided on 9th of October, 2023 in W.P. No. 25137/2023.