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2017 (5) TMI 1057 - HC - Indian LawsConviction under Section 138 of the Negotiable Instrument Act, 1881 - Held that:- The issue with regard to dismissal of an employee solely on the basis of conviction and without holding a regular inquiry is no longer resintegra. In the instant case, a perusal of the impugned order would show that dismissal from service is simplictor on the ground of conviction under Section 138 of the Act being upheld by this Court. Therefore, any adverse order passed without holding a regular inquiry, as envisaged under the Rules, is not sustainable and deserves to be set aside. Consequently, the writ petition is allowed, the impugned order of removal from service is set aside. The petitioner would be deemed to be in service with all consequential benefits. The respondents, however, would be at liberty to take a decision with regard to the period of suspension and emoluments admissible to the petitioner, as per rules.
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