MANGAL SINGH Vs. PUNSUP

JUDGEMENT

(1.) The petitioner is an employee of the Punjab State Civil Supplies Corporation (PUNSUP for short) where he was working as PDH. During his service, a criminal case for the offences under Sections 323/325/148/149 IPC was registered against him on 8.10.1998. After trial, he was convicted on 19.2.2001 by the learned Judicial Magistrate, Mansa, for the offences under Sections 323/325/34 IPC and sentenced to undergo RI for one year and fine of Rs 100/-. The appeal filed by the petitioner was dismissed by the learned Additional Sessions Judge, Mansa on 1.12.2001.

(2.) The petitioner then filed a criminal revision No.1809 of 2001 in this Court which was admitted on 8.2.2002 and the sentence awarded to him has been suspended. In this petition under Articles 226/227 of the Constitution of India, the petitioner assails the order dated 5.12.2001 (Annexure P4) passed by the District Manager, PUNSUP, Mansa (respondent No.3) dismissing him from service on account of his conviction in the criminal case. A further challenge has been made to the order dated 10.1.2003 (Annexure P5) whereby the Managing Director, PUNSUP, Chandigarh (respondent No.2) has dismissed his appeal against the order dated 5.12.2001 (Annexure P4).

(3.) We have heard learned counsel for the parties. Learned counsel for the petitioner submits that the action of the respondents in dismissing the petitioner from service on the ground of his conviction in a criminal case, is in gross violation of the Punjab Civil Service Rules and in any case the mere conviction in the criminal case does not warrant dismissal from service of the petitioner as it is not a moral turpitude. Learned counsel for the respondents, however, submits that the writ petition is premature as an appeal is pending before the Appellate Committee. Besides, it is contended that the petitioner, on his conviction in a criminal case, is to be dismissed from service in terms of the Punjab Government instructions.