TMI Blog1996 (5) TMI 386X X X X Extracts X X X X X X X X Extracts X X X X ..... Special leave granted. This appeal is directed against the judgment and decree of the Punjab and Haryana High Court passed on October 31, 1994 in Regular Second Appeal No.3756 of 1987. It has arisen on these facts: The appellant, Pawan Kumar on 19-4-78 was appointed in a class IV post as a Field Worker, on ad hoc basis, in the office of the Chief Medical Officer, General Hospital, Bhiwani, Haryana. In his terms of appointment it was made clear that the ad hoc appointment offered was till such time his character and antecedents were verified as satisfactory, when he would be considered for regular appointment. He was required to give a declaration in writing that he had not, on any previous occasion, been dismissed from service and ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppoint the appellant in government service since he had been convicted under section 294 IPC, involving an offence of moral turpitude, as otherwise the very purpose of verification of character/antecedents would be frustrated. On the collection of such material, decision was taken and the services of the appellant were terminated vide order dated 30-9-1984, as no longer required. Challenging this order the appellant went in suit for Declaration before the Civil Court, describing the order terminating his services as against law, equity, good conscience, and violative of principles of natural justice, claiming that he continued to be in service entitled to all benefits of service including salary etc. The State and the Chief Medical Office ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he prosecution, i.e. (i) the offender has done any obscene act in any public place or has sung, recited or uttered any obscene songs or words in or near any public place; and (ii) has so caused annoyance to others. If the act complained of is not obscene, or is not done in any public place, or the song recited or uttered is not obscene, or is not sung, recited or uttered in or near any public place, or that it causes no annoyance to others, the offence is not committed. The measure of sentence of three months impossible thereunder suggests that such offence is tribal summarily under Section 260 of the Code of Criminal Procedure, it being not an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two yea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d to act under section 260 Cr.P.C. and passes a sentence of fine only not exceeding two hundred rupees, no appeal shall lie. The totality of the situation thus is that since the appellant was tried summarily under Section 260 and has been sentenced to pay a fine of Rs.20 on his entering the plea of guilt, he could not have filed an appeal against the same. Procedural barbs thus coil the appellant, causing repercussions not only to his service career but in beingbranded for ever as "unfit" for government service. This is the rancour and the sting which hurts the appellant most, not the payment of fine of the paltry sum of rupees twenty, but the consequences which have visited him, due to the act/s covered under section 294 IPC leading to t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cter or a person who was to be looked down upon by the society. Decision in each case will, however, depend on the circumstances of the case and the competent authority has to exercise its discretion while taking a decision in accordance with the above mentioned principles. A list of offences which involve moral turpitude is enclosed for your information and guidance. This list, however, cannot be said to be exhaustive and there might be offence which are not included in it but which in certain situations and circumstances may involve moral turpitude." Section 294 IPC still remains out of the list. Thus the conviction of the appellant under section 294 IPC on its own would not involve moral turpitude depriving him the opportunity to ser ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er and antecedents of the appellant on the basis of the conviction per se, opining to have involved moral turpitude, without satisfying the tests laid down in the policy decision of the government. We are rather unhappy to note that all the three courts below, even when invited to judge the matter in the said perspective, went on to hold that the act/s involved in conviction under section 294 IPC per se established moral turpitude. They should have been sensitive to the changing perspectives and concepts of morality to appreciate the effect of Section 294 IPC on today s society and its standards, and its changing views of obscenity. The matter unfortunately was dealt with casually at all levels. Before concluding this judgment we hereby d ..... X X X X Extracts X X X X X X X X Extracts X X X X
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