PAWAN KUMAR versus STATE OF HARYANA AND ANR.

PAWAN KUMAR versus STATE OF HARYANA AND ANR.

Conviction under Section 294 IPC with a petty fine, without satisfaction of policy tests for moral turpitude, cannot be the sole ground for termination from government service. The courts below were incorrect in holding that the mere act of conviction under Section 294 IPC per se constitutes moral turpitude.

Source-derived case information.

Parties
Appellant: Pawan Kumar; Respondent: State of Haryana and Anr.
Jurisdiction
India
Judgment Date
07 May 1996
Procedural Posture
Civil Appeal / Supreme Court: Appeal From Punjab & Haryana High Court Judgment in R.s.a. No. 3756 of 1987
Outcome
Appeal allowed
Legal Topics
Termination of Service, Summary Trial, Moral Turpitude, Conviction Under Section 294 IPC, Retention in Government Service
Service Law Criminal Law Termination of Service Summary Trial Moral Turpitude Conviction Under Section 294 IPC Retention in Government Service

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Parties

Pawan Kumar

Appellant

State of Haryana and Anr.

Respondent

Procedural Posture

Civil Appeal / Supreme Court: Appeal From Punjab & Haryana High Court Judgment in R.s.a. No. 3756 of 1987

Legal Issues

  1. 1 Whether conviction under Section 294 IPC per se amounts to moral turpitude warranting termination of government service.
  2. 2 Whether summary conviction for a petty offence with small fine should affect eligibility for government service.

Ratio Decidendi

Conviction under Section 294 IPC with a petty fine, without satisfaction of policy tests for moral turpitude, cannot be the sole ground for termination from government service. The courts below were incorrect in holding that the mere act of conviction under Section 294 IPC per se constitutes moral turpitude.

Court Disposition

Appeal allowed

Orders

  • The judgments and decrees of the High Court and the two courts below are set aside.
  • The suit of the appellant is decreed as prayed for, with costs.