9911796707
TMI Blog1996 (5) TMI 386X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 had not been convicted by any court of law. This declaration, the appellant presumably furnished. While in service, the appellant on 4-6-1980 came to be convicted in a summary trial for offence under section 294 IPC by the Court of Shri P.L. Khanduja, Chief Judicial Magistrate, Bhiwani on his entering upon a plea of guilt, for which he was ordered to pay a fine of Rs.20/-, which fine he paid there and then, w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pellant 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 Officer resisted the suit. The only contentious issue which sprung up from the pleadings of the parties was: "Whether the order dated 30-9-1984 about the termination of service of the plaintiff is wrong, illegal and liable to be set aside as alleged?" The trial court decided the said issue against the appellant. The lower appellate court on appeal affirmed the same. The High Court too in second appeal concurred wit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 years. When the accused does not plead guilty, Section 264 of the Code of Criminal Procedure enjoins upon the Magistrate that he shall (i) record the substance of the evidence; and (ii) a judgment containing a brief statement of the reasons for the finding. Conversely put, when the accused pleads guilty, the Magistrate may not be obliged to write a judgment containing a brief statement of the reasons, but the Magistrate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s 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 the conviction per se being treated as involving moral turpitude. "Moral turpitude" is an expression which is used in legal as also societal parlance to describe conduct which is inherently base, vile, depraved or having any connection showing depravity. The government of Haryana while considering the question of rehabilitation of ex-convicts took a policy decision on February 2, 1973 (Annexure E in the Paper Book), acc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 serve the State unless the facts and circumstances, which led to the conviction, met the requirements of the policy decision above-quoted. We had required of the respondents to produce before us the copy of the Judgment whereby the appellant was convicted for the offence. As was expected only a copy of the institution/summary register maintained by the court of the Chief Judicial Magistrate, Bhiwani was placed before us showing t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tude. 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 draw attention of the Parliament to step in and perceive the large many cases which per law and public policy are tried summarily, involving thousands and thousands of people through out the country appearing before summary courts and paying small amounts of fine, more often than not, as a measure of plea-bargaining. Foremost along them being traffic, municipal and other petty offences under the India; Penal Code, mostly committ ..... X X X X Extracts X X X X X X X X Extracts X X X X
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