TEK RAM, DEMONSTRATOR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner has invoked the writ jurisdiction of this Court for quashing the order dated 18.3.1988 (Annexure P -2) whereby he was dismissed from service on account of his conduct which led to his conviction on criminal charges under Sections 420/467/468/471/120 -B of the Indian Penal Code in the case arising out of FIR No.21 dated 30.7.1981 and which was decided by the Judicial Magistrate, 1st Class, Jhajjar, vide judgment dated 23.3.1987.

(2.) THE petitioner joined the Haryana Khadi and Village Industries Board (hereinafter referred to as 'Board ') in 1971 as Gurguide and was subsequently promoted as Demonstrator Gur Khandsari in the year 1984. On 30.7.1981 F.I.R. No.21 was registered against the petitioner along with some other employees of the Board under Sections 420/467/468/471/120 -B at the Police Station, State Vigilance Bureau, Hisar, which ultimately culminated into his conviction by the Judicial Magistrate, 1st Class, Hisar, vide judgment and order dated 23.3.1987. The petitioner was sentenced to undergo R.l. for two years as also to pay a fine of Rs.300/ -. The petitioner went in appeal which too was dismissed by learned Additional Sessions Judge, Rohtak vide judgment dated 22.2.1988 (Annexure P -1).

(3.) THE primary contention raised in the writ petition was that the petitioner had preferred Criminal Revision No.245 of 1988 in this Court challenging the judgment dated 23.3.1987 passed by the Judicial Magistrate, 1st Class, Jhajjar as well as the judgment dated 22.2.1988 passed by learned Additional Sessions Judge, Rohtak and, thus, the conviction and/or consequential sentence had not attained finality, therefore, the order of his dismissal from service was premature.