HARISH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) HARISH Rumar petitioner seeks quashing of order dated 9.8.1999 by virtue of which his services had been terminated.

(2.) THE relevant facts alleged are that the petitioner was appointed as a Math Master on 9.2.1995. A criminal case with respect to the offence punishable under Section 302 of the Indian Penal Code was registered against him. On 15.4.1999, he was held guilty of the said offence by the Court of Sessions. The petitioner preferred an appeal which was stated to be pending but during pendency of the appeal, he had been admitted to bail.

(3.) IN the written statement riled by respondents No. 1 to 3, the petition as such had been contested. It has been pointed out that the petitioner has been held guilty of the offence punishable under Section 302 read with Section 149 of the Indian Penal Code. Therefore, it was not necessary to give any show cause notice to the petitioner. His services were terminated and accordingly was not allowed to join the duty. The order was stated to be just under the circumstances. It was reiterated that major penalty was imposed on account of the conduct of the petitioner in terms that the conduct of the petitioner which led to his conviction was imprisonment for life with respect to the offence punishable under Section 302 of the Indian Penal Code. It was insisted that the services of the petitioner were terminated after going through the judgment.