Department of School Education TLg 644)1__ Haryana

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HARYANA GOVERNMENTSCHOOL EDUCATION DEPARTMENTORDERNo. cri -- .7 /I 4-leA.cro Dated: /- -41Whereas Supreme Court of India vide its order dated 25.11.2003 directedthe CBI to investigate the matter of two sets of interview award lists prepared.for selection of JBT Teachers as a consequence of advertisement made in`Indian Express' and Dainik Tribune' on 15.11.1999 by Directorate of PrimaryEducation, Haryana for recruiting 3206 JBT Teachers. Court of Special Judge -II (Prevention of Corruption Act) (CBI), Rohini, Delhi in the said case titled asCBI V/ s Vidya Dhar etc., CC No. 37/2010 vide its judgment dated 16.01.2013/22.01.2013 convicted Shri Ram Kumar, S/o Shri Bhana Ram, Block EducationOfficer, Kalayat (Kaithal) alongwith Vir Bhan Mehta and Dilbagh Singh asunder: -‘ii ".11-b)-1'‘611-1)1Offence Under Section13(2) of Prevention ofCorruption Act, 1988Sentence and fineRigorous imprisonment for a period of twoyear alongwith fine of Rs.100/-.120-B IPC read withSection 418/467/471read with 13(2) ofPrevention of CorruptionAct, 1988418 IPC467 IPC(c) 471 IPCRigorous imprisonment for a period of fouryears alongwith fine of Rs.100/-.Rigorous imprisonment for a period of threeyears.Rigorous imprisonment for a period of fouryears alongwith fine of Rs.100/-.Rigorous imprisonment for a period of threeyears alongwith fine of Rs.100/-.It is specific to mention here that in the said case, 55 persons have beenconvicted and out of these, 50 persons belong to School Education Departmentand further presently, Shri Ram Kumar is in service and all others have retiredfrom government service at the time of their conviction.In view of above, firstly it is to be categorized whether the abovementioned offences fall in the category of moral turpitude, so as to attractsecond proviso (a) to article 311(2) of the Constitution of India for takingfurther decision of dismissal or removal or reduction in rank on the ground ofconduct which led to his conviction on a criminal charge. In this regards, nospecific classification has been made neither in the Punjab Civil Services Rule,Volume I, Part - I, nor in the Haryana Civil Services (Punishment and Appeal)Rules, 1987. However, instructions issued by Chief Secretary to Government
Haryana vide Letter No. 1449-5GSI-75/6324 dated 17/26.03.1975 on thesubject have observed that the following tests should ordinarily be applied injudging whether a certain offence involves moral turpitude or not: -Whether the act leading to conviction was such as could shock themoral conscience of society in general.Whether the motive which led to the act was a base one.(3) Whether on account of the act having been committed the perpetratorcould be considered to be of depraved character or a person who wasto be looked down upon by the Society.It has been further provided that decision in each case will howeverdepend upon the circumstances of the case and the competent authority has toexercise its discretion while taking a decision in accordance with the abovementioned principle. However, a list of sections of IPC involving moralturpitude has been annexed with the said instructions dated 17/26.03.1975.From the perusal of judgment of the court dated 16.01.2013/22.01.2013and government instructions dated 17/26.03.1975, as detailed above, it isclear that the above offences fall in the category of moral turpitude. Further, asper instructions issued by Chief Secretary to Govt. of Punjab vide letter No.4819-G II-57/ / 11919 dated 08.07.1957, if a Government Servant is convictedof charges involving moral turpitude, he should be dismissed or removed fromGovernment service and the filing of the appeal should not deter from inflictinga suitable punishment as provided in Proviso (b) to Sub RuleS (2) of Rule 7 ofthe Haryana Civil Services (Punishment & Appeal) Rules, 1987.I have gone through the instructions dated 26.03.1975 and 08.07.1957as enunciated above, Article 311(2) of the Constitution of India, relevantprovisions of the Haryana Civil Services (Punishment & Appeal) Rules, 1987,Judgment of Special Judge - II (Prevention of Corruption Act) (CBI), Rohinidated 16.01.2013/22.01.2013, it has been observed that a decision is to betaken about dismissal or removal from service immediately on receipt ofintimation of conviction without waiting for appeal or revision. The mere factthat an appeal has, been filed by the Government servant against his convictiondoes not deter the punishing authority from inflicting a suitable punishmenton him as provided in Proviso (b) to Sub Rules (2) of Rule 7 of the Haryana CivilServices (Punishment & Appeal) Rules, 1987. It is also not necessary in suchcases to follow the procedure laid down in Rule 7 (1) of the Haryana CivilServices (Punishment & Appeal) Rules, 1987 regarding the holding ofdepartmental enquiry. Further, it is incumbent upon the competent authorityto take a decision whether the order passed should be one of the dismissal orremoval in such cases.
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