RAM CHARAN NAYAK S/O SHRI PAYAR CHAND NAYAK Vs. AJMER VIDHYUT VITRAN NIGAM LIMITED THROUGH ITS MANAGING DIRECTOR

JUDGEMENT

(1.) The prayer in the present writ petition is for quashing the Order dated 06.01.2017 vide which the services of the petitioner were terminated with a further prayer to continue/reinstate him back in service on the post of Technical Helper.

(2.) The facts in short are that the petitioner was tried for the offences under Sections 323, 324, 342 & 147 of the I.P.C. He was acquitted for the offences under Sections 323, 324 and 342 of the I.P.C. on the basis of compromise arrived at between the parties. However, he was convicted for the offence under Section 147 of the I.P.C. but was released on probation under Section 4 of the Probation of Offenders Act, 1958 in the year 2008.

(3.) Reply has been filed. As per the reply, the petitioner has been convicted for the offence under Section 147 of the I.P.C. which deals with punishment for rioting and a person can be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both and therefore, as per Section 206 of Cr.P.C., a Magistrate while taking cognizance of a petty offence can summarily dispose a case under Section 260 of Cr.P.C. and for the purpose of Section 206 of Cr.P.C., petty offence means any offence punishable only with fine not exceeding one thousand rupees. But in the instant case, the petitioner has been convicted under Section 147 of the I.P.C.