GURBACHAN DASS, EX-CLERK, HEAD POST OFFICE, AMRITSAR Vs. THE CHAIRMAN, POST & TELEGRAPH BOARD, MINISTRY OF COMMUNICATIONS, GOVERNMENT OF INDIA, NEW DELHI AND OTHERS

JUDGEMENT

(1.) Vide the impugned order dated June 29, 1971, (Annexure B). the petitioner who was employed as Head Clerk in the Head Post Office, Amritsar, was dismissed from service on account of his conviction in a case under Ss. 420/471, I. P. C.

(2.) This has authoritatively been ruled in Om Parkash v/s. The Director, Postal Services (Posts & Telegraph Deptt. ) Pb. Circle, Ambala : A.I.R. 1973 P&H. 1 that an employee in Government service cannot be dismissed merely on the basis of his conviction and it is only his misconduct which might have led to the conviction that has to be taken notice of. This aspect of the matter apparently was not present to the mind of the authority pasting the impugned order Annexure 'B'. Thus this order is obviously unsustainable and is set aside The petitioner is this entitled to all the consequential reliefs which flow from the passing of this order.