- (1.) A perusal of the facts of this case would show that an FIR was registered against the plaintiff on 4.11.1989 under Section 354/452 of the Indian Penal Code and in that case the petitioner was convicted by the learned Judicial Magistrate (1st Class) Charkhi Dadri. In appeal, the conviction was upheld. However the plaintiff was released on probation of good conduct for one year vide judgment rendered by the learned District and Sessions Judge, Bhiwani on 1.10.1996.
(2.) In the meanwhile by an order dated 23.6.1995 the plaintiff's services had been terminated. The order, which is exhibited as P-2 before the trial Court reads as under : "HARYANA STATE ELECTRICITY BOARD OFFICE ORDER NO. 386 DATED 23.6.1995 Sh. Ashok Kumar son of Ram Narayan while working as A.L.M. in T/L Sub Division No. 2 Charkhi Dadri had tried to rape the wife of Sh. Krishan Kumar, Telephone Mechanic of O/O Sub Division HSEB, Charkhi Dadri on dated 4.1.89. Necessary FIR was got lodged against Sh. Ashok Kumar, A.L.M. Vide FIR dated 4.1.89 u/s 354/459 IPC with the Sadar Police Station, Charkhi Dadri. The case Number 40-1 of 1989 was instituted in the Court of Shri Baljeet Singh, HCS, Judicial Magistrate, lst Class, Charkhi Dadri u/s 354/452 IPC P.S. Sadar Dadri vide FIR No. 8, Dated 4.1.89, the Hon'ble Sub Judge, 1st Class, Charkhi Dadri decided the case on 3.4.95 in which Shri Ashok Kumar has been held guilty for the offences punishable u/s 354/452 IPC and the Hon'ble Court sentenced Sh. Ashok Kumar to undergo R.I. for a period of two years and to pay fine of Rs. 500/- for the offence punishable u/s 452 IPC and to undergo R.I. for a period of one year and to pay a fine of Rs. 500/- for the offence punishable u/s 354 IPC. In default of payment of fine Sh. Ashok Kumar shall further undergo R.I. for a period of 3 months. However, both two sentences shall run concurrently. Since the offence involved is that of moral turpitude and conviction of Sh. Ashok Kumar has been convicted u/s 354/452 IPC. Keeping in view of the conduct which lead to conviction R.S. Sharma, Executive Engineer, Operation division, HSEB, Charkhi Dadri being competent authority (Appointing Authority) after applying my mind decide to terminate the services of Shri Ashok Kumar, ALM w.e.f. 3.4.95 i.e. the date from which the official has been convicted by the Hon'ble Court." The plaintiff filed the suit challenging the said order. His suit was dismissed by the trial Court. First appeal against the said order filed by the plaintiff was also dismissed by the learned District Judge, Bhiwani. It is against the impugned judgment that the present Regular Second Appeal has been filed.
(3.) Learned counsel for the plaintiff-appellant has argued that since the plaintiff had been released on probation no disqualification can be attached to him on account of his conviction by virtue of Section 12 of the Probation of Offenders Act, 1958. He therefore submits that the order terminating his services cannot be sustained. He further prays that the judgments and decrees of the Courts below be set aside and the suit of the plaintiff be decreed with costs.;