MOHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner, whose services were terminated vide order dated 10.12.2009, has approached this court.

(2.) Briefly, the facts are that the petitioner joined as Junior Auditor in the office of Examiner, Local Fund (Accounts), Punjab on 25.3.1981. He was partner in the firm, titled as M/s Sidhu Khalsa Rice and General Mills Chabhal, District Amritsar. For the crop year 1995-96, some paddy was stored by Markfed in the aforesaid mill for the purpose of custom milling. As certain stocks were found short. FIR was lodged against the firm and its partners. Vide judgment dated 13.12.2005, the petitioner, being partner in the aforesaid firm, was convicted for embezzlement and sentenced to undergo imprisonment for a period of one year with fine. The sentence was upheld in appeal vide judgment dated 16.7.2009. On 13.8.2009, the petitioner was placed under suspension w.e.f. 16.7.2009. Against the judgment of the lower appellate court, the petitioner filed Criminal Revision No. 1853 of 2009 before this court, which was disposed of vide order dated 19.11.2009 with the modification that sentence was reduced from one year to six months imprisonment, whereas the fine was enhanced to Rs. 35,000/-. Immediately thereafter, vide order dated 10.12.2009, the services of the petitioner were dispensed with. It is the aforesaid order, which is impugned before this court.

(3.) Learned counsel for the petitioner submitted that merely on account of conviction in a criminal case, the petitioner could not have been dismissed from service. The competent authority did not apply its mind to the fact as to whether the act of the petitioner amounted to moral turpitude.