NARINDER SHARMA Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) Yet again, an issue of dismissal of an employee on the basis of his conviction for a criminal charge, which is stayed, arises in the present case.

(2.) Recently, this Court has considered the issue in detail and has held that stay of conviction would not effect the power and jurisdiction of the employer for dismissing an employee, on the ground of conviction which is stayed.

(3.) The Petitioner was enrolled as Constable in the year 2007. As per the Petitioner, on account of enmity between his family and that of one Chander Bhan, one member of the Petitioner's family was murdered by the complainant party. As a counter blast to the same, the complainant lodged an FIR against the Petitioner and his family members. The Petitioner states that he though was juvenile but still was roped in falsely in this case. Additional Sessions Judge, Bhiwani, vide his order dated 29.11.2008, convicted the Petitioner and some other family members for offences under Sections 323, 324 and 325 read with Sections 148 and 149 IPC and sentenced the Petitioner to undergo rigorous imprisonment for 2 years. The Petitioner filed an appeal against his conviction. The Petitioner also prayed for staying his conviction as only simple injuries were attributed to him. This Court passed an order suspending the conviction of the Petitioner on 24.7.2009. While staying the conviction, this Court observed as under: