- (1.) Respondent was a Peon appointed in a Middle School. He is said to have assaulted one Ram Singh on 5th October, 1989. He was prosecuted for commission of the said offence and was convicted by a Court of Magistrate by a judgment dated 22nd July, 1992 under Section 323 read with Section 34 of the Indian Penal Code and sentenced to undergo one month's simple imprisonment. On an appeal preferred by him, the sentence was reduced to a fine of Rs.500/- only. A revision thereagainst was filed by the respondent herein before the High Court.
(2.) A show cause notice was issued to the respondent as to why disciplinary action shall not be taken against him in view of the judgment of conviction passed against him in the said criminal case. By an order dated 25th November, 1993 his services were terminated by the Deputy Director, Vidisha. An appeal thereagainst was preferred by the respondent in terms of Madhya Pradesh State Services Act. However, no order was passed therein. A revision was filed by him before the Deputy Director, Public Education. During the pendency of the said revision application, his criminal revision petition filed before the High Court was dismissed. The prayer of the respondent that he be reinstated in service was rejected in terms of the order dated 11th January, 1994 passed by the Deputy Director, Public Education, Vidisha.
(3.) Respondent thereafter filed an Original Application before the State Administrative Tribunal, Gwalior. The Tribunal by an order dated 25th November, 2002 allowed the said application holding :- "However, the applicant succeeds on the ground that the punishment of removal from service is grossly excessive because the punishment was only under section 323 IPC and the High Court has clarified that the punishment does not involve any moral turpitude every power vested in a public authority has to be exercised fairly, justly and reasonably. Respondents should have applied their mind to the penalty which should be appropriately be imposed in the circumstances of the case. Please see Shankar Das Vs. Union of India (1985 2 SCC 358). This does not seem to have been done." A writ petition filed thereagainst by the appellants before the High Court has been dismissed by reason of the impugned judgment.;