G.S.SINGHVI,J. - (1.) Whether the Deputy District Education Officer (Primary), Ferozepur (respondent No. 3) could dismiss the appellant from service on the ground of his conviction by the Court of Chief Judicial Magistrate, Ferozepur for violating the provisions of the Drugs and Cosmetics Act, 1940 (for short, 'the 1940 Act') without considering the nature of offence, the findings recorded by the Court and his past service record is the question which arises for determination in this appeal filed by the appellant against order dated 23.3.1987 passed by the learned Single Judge in C.W.P. No. 607 of 1986.
(2.) For the purpose of deciding the afore-mentioned question, we may briefly notice the facts. While he was working as Assistant Master, Government Primary School, Wazidpur Kathian Walia, Block Abohar-II, District Ferozepur, the appellant submitted application dated 30.3.1975 to the Block Education Officer, Abohar for permission to do medical practice as a hobby after school hours. The concerned officer is said to have granted the permission subject to the condition that the study of students should not suffer, after about 7? months, FIR No. 530 of 1976 was registered against the appellant for alleged violation of the provision of the 1940 Act. Vide judgment dated 8.4.1977, the Chief Judicial Magistrate, Ferozepur, convicted him, under Section 27(b) of the 1940 Act on the basis of his confessional statement, but awarded sentence only till the rising of the Court and payment of fine of Rs. 250/- or in default suffer further imprisonment for 3 months. The operative part of that judgment reads as under :- "I have heard the accused in the matter of sentence. The facts and circumstances of the case, the nature of the offence and the antecedents of the accused do not justify the release of the accused on probation of good conduct. 1, therefore, sentence the accused to undergo imprisonment till the rising of the Court and to pay fine in the sum of Rs. 250/-, or in default of payment of fine to undergo further R.I. for three months. The drugs taken into possession shall be disposed of according to rules, after the expiry of period of appeal or revision, if any, and subject to its result. The file be consigned to the record too (room ?)."
(3.) After about two years of his conviction, respondent No. 3 passed order dated 26.3.1979 vide which he dismissed the appellant from service by involving Rule 13(i) of the Punjab Civil Services (Punishment and Appeal) Rules, 1970 (for short, 'the 1970 Rules').;