Smt. B.T. Eramma vs The State of Karnataka

Anand Byrareddy

Heard the learned counsel for the petitioner and the learned Government Pleader.

The petitioner was appointed as an Anganawadi worker, on honourary basis, It transpires that when she was discharging duties as such, there was a criminal case registered against her and other family members alleging an offence punishable u/s 498-A read with Section 34 of the Indian Penal Code. The criminal proceedings having culminated in a judgment of the Sessions Court, the petitioner and three others were convicted. Though the petitioner had filed a criminal appeal and the sentence was suspended, the matter is pending consideration in appeal. In the meanwhile, however, having regard to the tenor of Rule 14(1) of the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957, (hereinafter referred to as the ''Rules'' for brevity), the petitioner was removed from service. It is that which is under challenge in the present petition.

Having regard to the state of the law, the removal of the petitioner from service even though she was not a Government servant and was appointed only on an honourary basis as an Anganawadi worker, drawing inspiration from Rule 14 of the Rules, the respondent - State may be well within its power to remove the petitioner from service. However, as laid down by the Apex Court in the case of Deputy Director of Collegiate Education (Administration), Madras Vs. S. Nagoor Meera, , though such power is exercised notwithstanding that the sentence is suspended in appeal as in the present ease on hand, the State is not precluded from removing the Government servant under the relevant rule provided, it shall be subject to the result of the appeal. In that, if the concerned employee should he exonerated, in the appeal being allowed and the conviction being set aside, then it would be incumbent on the State to reinstate such employee.

Applying that principle, the action of the State in the present case cannot be said to be bad in law. However, the removal of the petitioner shall be subject to the result of the pending criminal appeal filed by the petitioner and others. In the event that she should be acquitted in the said criminal proceedings, the State Government shall be obliged to reinstate the petitioner. With that observation, the petition stands disposed of.