DHARAM PAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONER was employed as Clerk and after trial, he was convicted for an offence under Section 325 of the Indian Penal Code and sentenced to three years rigorous imprisonment, besides fine, by the Judicial Magistrate Ist Class, Gurgaon. Appeal against the order of conviction was dismissed on 5.5.1999 by the Additional Sessions Judge, Gurgaon. On account of his misconduct which led to his conviction, order dated 3.5.2000 was passed by the Director of Employment, Haryana removing him from service. On appeal this order was affirmed by the appellate authority i.e. the Financial Commissioner and Secretary to Government, Haryana, Labour and Employment Department. This writ petition has been filed challenging the order of removal from service as affirmed by the appellate authority.

(2.) LEARNED counsel for the petitioner has argued that offence under Section 325 of the Indian Penal Code did not involve any moral turpitude as per instructions contained in letter dated 17/26,3.1975 (Annexure P -5) issued by the Government of Haryana for rehabilitation of ex -convicts released from jails while dealing with the conditions for deciding their eligibility for appointment in Government service. Along with the said letter, a list of offences which involves moral turpitude was enclosed. The said list did not include Section 325 of the Indian Penal Code.

(3.) THE two authorities having applied their mind and having held that the conduct of the petitioner involved moral turpitude and the petitioner was not fit to be retained in service, there is no ground to interfere in this writ petition.