KAUR SINGH Vs. PUNJAB STATE ELECTRICITY BOARD

JUDGEMENT

(1.) THIS judgment will dispose of C.W.P. Nos. 18896 & 19959 of 2005 and Nos. 206 & 230 of 2006 filed under Article 226 of the Constitution as the common question of facts and law are involved in all these writ petitions. Facts are being referred from C.W.P. No. 18896 of 2005.

(2.) THE prayer made by the petitioners is for quashing order dated 9.11.2005 (Annexure P1) dismissing the petitioner Kaur Singh, from service on the ground that he was convicted by the learned Additional Sessions Judge, Bathinda, in case FIR No. No. 70 dated 1.9.1993 under Sections 225 and 186 of the Indian Penal Code. Brief facts of the case are that the petitioners have been working as Linemen with the Punjab State Electricity Board (for brevity 'the Board'). A case FIR No. 70 dated 1.9.1993, P.S. Bhikhi, District Mansa was registered against them and the learned Additional Sessions Judge vide his judgment dated 13.11.2003 convicted the petitioners under Sections 225 and 186 IPC and they were sentenced for six months rigorous imprisonment and a fine of Rs. 500/ - each under Sections 225 and 186 IPC. The petitioners filed Criminal Appeal No. 2162 -SB of 2003 before this Court along with Criminal Misc. No. 54613 of 2003. The appeals were admitted and the sentence was suspended by this Court on 25.11.2003. It was on the basis of the conviction that the petitioners have been dismissed from service. The order dated 9.11.2005, dismissing the petitioner Kaur Singh from service which reads as under : -

(3.) A perusal of the impugned order does not reveal that the conduct of the petitioner, which has led to his conviction has been considered and is found to be of such a serious magnitude that it warrants his dismissal from service. It is well settled that conviction alone cannot constitute the basis of a dismissal order of an employee unless the competent authority has considered the conduct of the employee, which has led to his conviction. In that regard, reliance may be placed on Constitutional Bench judgment of Hon'ble the Supreme Court in the case of Union of India v. Tulsi Ram Patel, 1985(2) SLR 576. The observations made in paragraph 127 of the judgment, which are relevant to the issue reads as under : -