RAM NIWAS Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) In the present civil writ petition, petitioner is seeking quashing of order dated 04.10.2016 whereby the services of the petitioner has been terminated.

(2.) Brief facts of the case are that the petitioner was appointed on the post of Multipurpose Health Worker (Male) in March, 1987 and his services were thereafter regularized in March 1988. As his work and conduct was satisfactory, he was also promoted to the post of Multipurpose Health Supervirsor (Male) in October, 2010.

(3.) On 107.2011, the son of the petitioner lodged an F.I.R against the accused person bearing F.I.R No. 132 dated 107.2011 under Section 324/341/506/34 IPC at P.S. Uklana, District Hisar. In counter blast, the accused in the aforesaid F.I.R also registered an F.I.R No. 136 dated 18.07.2011 under Sections 323/325/506 IPC at P.S. Uklana against the petitioner. The petitioner was then arrested on 25.07.2011 and was released on bail by the trial Court on 27.07.2011. The department considered the aforesaid period of 25.07.2011 to 27.07.2011 of the petitioner as deemed suspension and allowed the petitioner to continue in the department on the same post. Vide judgment dated 17.10.2015, learned JMIC Hisar convicted the accused in both the above mentioned F.I.R's substantially for a period of one year. Petitioner along with other accused preferred an appeal against the order of conviction under Section 323/325/34 IPC and sentence. On 09.11.2015, the sentence of the petitioner along with other co-accused was suspended. During this period, complainant namely Ramesh who was accused in the F.I.R filed by the son of the petitioner, moved a complaint to the department of the petitioner informing the department that the petitioner has been convicted. On the basis of this complaint, respondent No. 2 passed the impugned terminating the service of the petitioner.