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may 2017

Supreme Court of India · 2017-05-03

State Of Haryana & Anr vs Ved Kaur

Citation / case number
AIR 2017 SUPREME COURT 2337
Court
Supreme Court of India
Petitioner
State Of Haryana & Anr
Respondent
Ved Kaur
Author
Uday Umesh Lalit
Bench
Uday Umesh Lalit, Adarsh Kumar Goel

Judgment text excerpt

The Supreme Court upheld the High Court's decision that the dismissal of Dharam Singh, a JBT teacher, was unjustified as the offence under Section 323 IPC did not involve moral turpitude, contrary to the State's dismissal order based on his conviction under Section 304 Part-II IPC. The Court emphasized that the role of Dharam Singh was similar to that of his co-accused, who were acquitted of the more serious charge. The Court affirmed the entitlement of the respondent to all consequential benefits following the acquittal of the co-accused, thereby reinforcing the principle that dismissal without inquiry based on a conviction later overturned is impermissible under service law.

State Of Haryana & Anr vs Ved Kaur · Niyam