LAWS(P&H)-1991-10-97

PHAGWAN DASS Vs. STATE OF HARYANA

Decided On October 25, 1991
SHAGWAN DASS Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) The petitioner having been sponsored by the Subordinate Servicer. Selection Board, Haryana, was appointed as a Driver, vide letter dated 11.7.1989, copy Annexure P-1 to the writ petition issued by the General Manager, Haryana Roadways, Faridabad. As per condition No. 3 contained in the said appointment letter, the appointment was subject to his character verification and antecedents by the District Magistrate as well as by the Police Authorities concerned Subsequently, vide order dated 27.9.1989, the services of the petitioner were discontinued being no longer required on account of adverse report of character antecedents sent by the District Magistrate, Hissar and the concerned Police Authority in which it was highlighted that the petitiorer was convicted under Section 294 I.P.C. Feeling aggrieved by the impugned order of his termination, the petitioner has filed the present writ petition under Articles 226/227 of the Constitution of India for quashing the impugned order and issuance of a direction to the respondent to reinstate him in service from the date of termination. The impugned order has been challenged on the ground that the alleged offence committed by the petitioner did not constitute moral turpitude. As such his services could not be terminated. The counsel furtner contended that the Government of Haryana issued letter dated 2.2.1973 taking a policy decision to rehabilitate convicts who were not guilty of offences involving moral turpitude. It has been further contended that there is no bar recruting of convicts who were not guilty of serious offences. Counsel invited this Court's attention to a list of offences which constitute moral turpitude under various provisions of the Indian Penal Code.

(2.) The plea of the State is that appointment of the petitioner was subject to character and antecedents verification which on verification were not found to be good. As such his services were terminated as per terms of appointment letter.

(3.) On consideration of the matter, I am of the view that there is no force in the stand of the State and the writ petition deserves to be accepted.