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2017 DIGILAW 1362 (PNJ)

Punjab State Power Corporation Ltd. v. Kulwant Singh

2017-07-10

MAHESH GROVER, RAJ SHEKHAR ATTRI

body2017
JUDGMENT Mr. Mahesh Grover, J. (Oral):- This Appeal is directed against the judgment of the learned Single Judge dated 21.04.2017. 2. The respondent-employee suffered conviction in a criminal trial involving offences under Sections 323/324/326/34 IPC. He was released on probation for violating the law. His services in turn were dismissed solely on the basis of conviction. The learned Single Judge upset the dismissal order on the ground that there was no departmental inquiry before terminating the services of the employee and the dismissal order passed solely on the basis of conviction was unsustainable. 3. Learned counsel for the appellants contends that inquiry was not necessary as there was no hon’ble acquittal, probation indicating conviction. There is absolutely no reason to differ with the findings recorded by the learned Single Judge considering that the settled law in this regard is that an employee’s services cannot be terminated solely on the basis of conviction suffered by him and his conduct is the factor which has to be established in inquiry proceedings, more particularly when the offences against him do not involve moral turpitude. 4. No ground to interfere. 5. Dismissed.