SAJJAN SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) LEARNED counsel for the petitioner submits that the petitioner is not a Government employee/State employee and as such, directions by the State to terminate his services on the ground that he has been convicted for an offence punishable under Section 307 of the IPC, is without jurisdiction, as the petitioner is only a municipal employee.

(2.) LEARNED State counsel, on the other hand, has pointed to the instructions issued by the Government, dated 05.08.1998, annexed with the reply of the Government, relying upon the judgments of the Supreme Court in Deputy Director of Collegiate Education (Administration (Madras) Vs. S. Nagoor Meera, as also in Shankar Dass Vs. Union of India, : (1985) 2 SCC, 358, wherein the practice being adopted by various Governments, of continuing employees in public service, despite their conviction in criminal cases, was deprecated.

(3.) THOUGH Government has issued instructions listing the offences that come within the definition of moral turpitude, those have not been called for by this Court, in view of the fact that the petitioner, as already said, is not a Government servant, being a Leading Fireman in the services of the respondent -Municipal council.