RAMBHAJ Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in the writ petition is for the issuance of a writ of Certiorari for quashing order Annexure P/3 dated 19.06.2015, whereby the petitioner was removed from the rolls of the department on account of his conviction in case FIR No.322 dated 13.08.2010, U/s 323, 324, 452 read with Section 34, Indian Penal Code, by the Court of Ms. Neelam Kumari, learned Judicial Magistrate 1st Class, Gohana.

(2.) Brief facts of the case leading to the writ petition are that the petitioner was appointed as Chowkidar on daily wage basis on 02.11.1988 in Haryana Roadways and was brought on the regular establishment w.e.f. 01.01.1996. On 13.08.2019, FIR No.322 dated 13.08.2010, for offences punishable under Sections 323, 324, 452 read with Section 34, IPC was registered against the petitioner and his family members at Police Station Gohana, on the basis of a complaint made by the petitioners neighbor. Pursuant to trial, the petitioner and his family members were convicted under Sections 323, 324, 452 read with Section 34 of IPC, vide judgment dated 08.12.2014 and sentenced to undergo imprisonment and pay fine vide order dated 09.12.2014.

(3.) Learned counsel contends that the conviction of the petitioner under Section 323, 324, 452 read with Section 34 of IPC does not constitute an offence involving moral turpitude, besides the impugned order was passed solely on the basis of conviction and that too without issuing any show cause notice, therefore the impugned order is unsustainable and liable to be set aside. Reliance is placed on the decision of a Division Bench of this Court in case titled as State of Haryana and another versus Ram Chander 2013 (2) SCT 95 as well as of a Coordinate Bench in Ram Niwas versus State of Haryana and others 2018 (4) PLR 615.