K K Awasthi vs The State Of Madhya Pradesh
2025 Latest Caselaw 4474 MP

Madhya Pradesh High Court

K K Awasthi vs The State Of Madhya Pradesh on 17 February, 2025

Author: Sanjay Dwivedi

Bench: Sanjay Dwivedi

         NEUTRAL CITATION NO. 2025:MPHC-JBP:7469




                                                               1                                 WP-2898-2025
                             IN     THE        HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                         BEFORE
                                          HON'BLE SHRI JUSTICE SANJAY DWIVEDI
                                                ON THE 17th OF FEBRUARY, 2025
                                                WRIT PETITION No. 2898 of 2025
                                                   K K AWASTHI
                                                       Versus
                                     THE STATE OF MADHYA PRADESH AND OTHERS
                          Appearance:
                             Shri K.K. Pandey, Advocate for the petitioner.
                             Shri Girish Kekre, Government Advocate for the respondents-State.

                                                                   ORDER

This petition is against the order passed by the Tribal Department dismissing the petitioner from service on the ground that he has been convicted in a criminal case under Section 7, 13(1)(d) r/w 13(2) of Prevention of Corruption Act and sentenced to suffer RI for four years with fine of Rs.5000/-.

Two fold submissions have been made by the learned counsel for the petitioner, firstly that before passing the impugned order of dismissal from

service, no opportunity of hearing was afforded to the petitioner and secondly, that the order has been passed by the Tribal department whereas the petitioner is the employee of education department and as such the order should have been issued by the parent department i.e. education department.

I have heard the submissions of the learned counsel for the petitioner. Indeed, there is no provision under the law that if any employee is dismissed from service pursuant to his/her conviction for the offence

NEUTRAL CITATION NO. 2025:MPHC-JBP:7469

2 WP-2898-2025 involving moral turpitude, notice is required to be given to the employee prior to issuing the order of dismissal from service. As regards second submission - it is clear from the appointment order (Annexure-P/1) that the petitioner was appointed by the Additional Commissioner, Tribal Department and as such this submission has no substance because the appointing authority can issue the order of dismissal as well.

In my opinion, nothing wrong has been committed by the authorities in issuing the order of dismissal on the face of petitioner's conviction.

Petition being misconceived, is hereby dismissed. Needless to observe that in case, the judgment of the trial Court is set aside by any higher court, in that event, the petitioner can claim

reinstatement in service.

(SANJAY DWIVEDI) JUDGE

Sudesh