MUNSI LAL MAHORE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Petitioner is aggrieved by the order dtd. 23/10/2022 (Annexure P/1) passed by the District Education Officer, whereby, he has been dismissed from service under Rule 10(ix) of the M.P. Civil Services (Classification, Control & Appeal) Rules, 1966 (for short "CCA Rules") on the ground that an FIR has been registered against him for serious offences.

(2.) Facts necessary for decision of this case are that the petitioner was holding the post of Assistant Teacher and was posted at Govt. Primary School, Arrolli, Development Block Morar, Gwalior. An FIR was registered against him at Police Station Behat, District Gwalior on 22/10/2022 for offence punishable under 354 of IPC read with Sec. 7 & 8 of POCSO Act. Taking note of the FIR, respondent no.3 passed the impugned order on the next date i.e. 23/10/2022, thereby, dismissing the petitioner from service on account of aforesaid FIR registered against him for the serious offences. The aforesaid order has been passed on the directions of the Collector, Gwalior. Challenging this order, the petitioner has filed the present writ petition.

(3.) The impugned order of dismissal from services has been challenged by the petitioner primarily on the ground of violation of principles of natural justice. The learned counsel for the petitioner submitted that the petitioner was a confirmed Govt. servant, and therefore, he could not have been dismissed from service merely on registration of FIR against him. Learned counsel referred to the provisions of Rule 10 of CCA Rules and submitted that no punishment could have been imposed upon the petitioner without conducting departmental enquiry. He also submitted that the petitioner was falsely implicated in the criminal case because of the political rivalry of the parents of children, and therefore, without affording him opportunity of hearing, the petitioner could not have been dismissed from service.