(1.) The present petition has been filed challenging the order dated 24.09.2013 passed by the respondent No.2 whereby the services of the petitioner has been terminated owing to registration of Criminal Case against the petitioner and aforesaid information was not furnished by the petitioner at the time of seeking appointment.
(2.) The contention of learned counsel for petitioner is that prior passing the impugned order the procedure as provided under rules 9 and 52 of Rules M.P. Nagar Palika, Karamchari (appointment and services condition) of Rules, 1968 has not been taken care of no opportunity of hearing was provided to the petitioner prior to passing of impugned order dated 24.09.2013 (Annexure P/2). Learned counsel for petitioner has further argued that the offence under Section 3 of Public Gambling Act was registered bearing Crime No. 482/2003 against the petitioner wherein he has only be punished and fine of Rs. 75/-, which he has deposited. It is very small offence for which punishment the termination of services should not have been passed by the respondent/Authorities rather they should have considered the gravity of the offence. It is further submitted that petitioner was regularized from 10.11.2010 and was continued in service and there was no complaint has been sought against the petitioner by the respondent. Accordingly, the petitioner has prayed for quashedment of the order of impugned dated 24.09.2013 (Annexure P/2) and further direction to the respondent/Authority to reinstate the petitioner's service with all consequential benefits.
(3.) Reply to the aforesaid writ petition has been filed by the respondent No.2 being contesting respondent. It has been contended that petitioner has suppressed the material information regarding registration of a criminal case for offence under Section 3 of Public Gambling Act,. He has not furnished the aforesaid information in the form which has been filled and submitted by the petitioner before the respondent which is filed (Annexure R-2-1) in the present writ petition.