A government employee cannot be removed from service merely by saying that he has been convicted in a criminal case, the Allahabad High Court ruled on Tuesday
Justice S P Kesharwani stated this while quashing an order of senior Superintendent of Police of Jhansi sacking petitioner Ram Kisan, a police constable, from his post.
The SSP had, through an order dated December 17, 2008, removed Kisan, saying he was convinced and awarded life imprisonment by Additional Session Judge, Jhansi in a criminal case.
The petitioner had moved the court on the grounds that he has been granted bail and order of sentence has been stayed by the high court on his appeal.
The high court was of the view that whenever a government servant is convicted of a criminal offence, the appropriate authority has to consider the role of the employee in the case and then decide the penalty.
After hearing the counsel for the parties, the court said that order of removal was silent on this matter.
The court directed to the SSP Jhansi to reconsider the case of petitioner and to pass a fresh order.
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