- (1.) Instant petition has been filed assailing order dated 29.2.2008 (Ann.8) whereby services of petitioner were terminated on the premise that at the time of verification of his character & antecedents, it was informed that he was implicated in criminal case registered for offences under sections 498-A and 406, Indian Penal Code, taking note whereof, it was considered to be a case of his unsatisfactory character and accordingly being probationer trainee, his services were dispensed with. After participating in process of selection, petitioner was appointed as Junior Engineer-I (PLCC) on the terms & conditions incorporated in the order of appointment dt. 7.4.2007 (Ann.6), itself-pursuant to which, petitioner joined on 18.4.2007 (Ann.7). However, his services were terminated vide order dated 2.2008 (Ann.8) invoking condition No. 17 of his order of appointment.
(2.) To utter dismay of petitioner, criminal case was registered against him at the instance of his wife for offences under sections 498-A and 406, Indian Penal Code but it being a matrimonial dispute, the parties arrived at a compromise; however, since offence under section 498-A Indian Penal Code was not compoundable under section 320 CrPC, he was advised to admit his guilt and after recording his statement under section 313 CrPC, in view of compromise between the spouse, vide judgment dt.19.7.2003 though he was convicted under section 498-A, Indian Penal Code but instead of sentence being passed, was released giving benefit of section 5 of Probation of Offenders Act while imposing a fine of Rs. 1000/- for prosecution expenses.
(3.) However, since criminal case being disposed of on 19.7.2003, at the same time, application was jointly filed by spouse under section 13-B of Hindu Marriage Act seeking divorce on their mutual consent, which was decreed vide judgment dt.23.7.2003 (Ann.11) in view whereof, matrimonial dispute was finally settled between the spouse. Thereafter, petitioner applied for appointment to the post of Jr. Engineer and was appointed vide order dated 7.4.2007 (Ann.6) as junior Engineer on probation trainee.;