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Judgment
Vijay Kumar Shukla, J
The petitioner has challenged the order of dismissal from service by order dated 10.07.2025 on the ground of conviction in a criminal case under section 138 of NI Act.
Counsel for the petitioner has argued that the aforesaid order of dismissal on conviction has been passed without giving any show cause notice to the petitioner.
Counsel for the State submits that the petitioner was convicted in the year 2024, however he continued in service under suspension and he was being paid a subsistence allowance and later he has been dismissed by the impugned order. However, he could not dispute the fact that no show-cause notice was issued before passing the impugned order.
After hearing counsel for the parties and on perusal of the record, it is clear that the order of dismissal of service has been passed without giving any show cause noticed to the petitioner. In the case of Mahima Chand Gangwal vs. State of MP in Writ Petition No.3310/2011 decided on 17.03.2016, the court has held that government servant cannot be terminated on the ground of conviction by a criminal court of law, without giving any show cause notice and the same view has been taken in the case of Dau Ram Maheshwar vs. The State of MP reported in 2017 Vol.I MPLJ 640.
Considering the aforesaid submissions and the judgments laid down by this court and the undisputed fact that no show cause notice has been given to the petitioner while passing the impugned order. Accordingly, the impugned order is hereby quashed. The respondent No.3 is granted liberty to pass fresh order, in accordance with law, after issuing show cause notice and giving opportunity of hearing to the petitioner.
With the aforesaid direction, the present petition stands disposed of.