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Judgment
Sudhanshu Dhulia, J.
The petitioner who was the Lecturer of English in the Government Intermediate College allegedly assaulted the then Principal of the said College as a
result of which the Principal received grievous injuries. The first information report was lodged against the petitioner and thereafter the charges were
framed against the petitioner by the trial court under Sections 325 and 333 of IPC, and consequently in the trial, the petitioner was convicted under
Section 325 of IPC and sentenced to undergo rigorous imprisonment for one year and he was also convicted for the offence under Section 333 of IPC
and sentenced to undergo rigorous imprisonment of two years. Against this conviction and sentence, the petitioner has filed a criminal appeal which is
presently pending before this Court being criminal appeal No.301 of 2014. Now in the present writ petition, the petitioner has challenged his
termination order.
Admittedly, the Rules applicable in the case of the petitioner are known as the Uttarakhand Government Servant (Discipline and Appeal) Rules, 2003
which was suitably amended in the year 2010. Though due procedure has to be followed which would include conducting the disciplinary proceedings
where full opportunity of hearing is liable to be given to an employee, but as per sub-rule (17) of the amended Rule 7, this procedure can be dispensed
with and a major penalty can be imposed on a person on ground of his conviction on a criminal charge. It is an admitted case of the petitioner that he
has been convicted under Sections 325 and 333 of IPC and sentenced to undergo rigorous imprisonment for one year and two years respectively on
the above conviction. On the basis of this conviction, which has already been referred above, major penalty can be imposed on the petitioner without a
disciplinary proceeding.
In view of this Court there is absolutely no anomaly in imposing the penalty on the petitioner. Merely because the petitioner has filed an appeal before
this Court against the order of his conviction will not give the petitioner any benefit at this stage.
Consequently, the writ petition stands dismissed.
However, the dismissal of this writ petition will not prejudice the case of the petitioner in the pending criminal appeal.