- (1.) The petitioner has been working as Assistant Lineman in the respondent-Dakshin Haryana Bilji Vitran Nigam Limited since 9.4.1991. FIR No. 408 of 2000 was registered against the petitioner and six others under Sections 148, 302 and 307 I.P.C. By judgment dated 11.8.2003, he was convicted of offences under Sections 148 and 307 read with Section 149 I.P.C. The petitioner filed appeal against the order of conviction. On 29.8.2003, this Court suspended the sentence and admitted the appeal. The petitioner was placed under suspension on 3.9.2003 w.e.f. 11.8.2003 i.e. the date of his conviction. On 31.12.2003, respondent No. 2 passed the order terminating the services of the petitioner on the ground that petitioner had been convicted for an offence involving moral turpitude. The petitioner has challenged the aforesaid order in this writ petition under Articles 226/227 of the Constitution of India.
(2.) On notice of motion being issued, the respondents have filed the written statement. The plea taken by the respondents is that services of the petitioner have been terminated as he has been convicted of an offence involving moral turpitude. It was not necessary to hold a departmental inquiry in view of Haryana State Electricity Board Employees (Punishment and Appeal) Regulations, 1990 (hereinafter referred to as '\the Regulations').
(3.) Mr. B.R. Mahajan, appearing for the petitioner submits that the services of the petitioner could not have been terminated simply on the basis of the conviction of the petitioner even under Section 307 I.P.C. It was necessary for the respondents to examine the conduct of the petitioner which led to his conviction. In support of the submissions, learned counsel has relied on judgment of this Court in the case of Om Prakash v. The Director Postal Services (Posts and Telegraphs Deptt.) and others, AIR 1973 P&H 1. Learned counsel also relies on a Division Bench judgment in case of Ramesh Singh v. Dakshin Haryana Bijli Vitran Nigam Limited (C.W.P. No. 14930 of 1999), decided on 16.11.2000.;