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Issues: Whether the dismissal of a municipal employee convicted of misappropriation and forgery was justified under proviso (a) to Article 311(2) of the Constitution of India.
Analysis: The respondent had been convicted of offences involving misappropriation and forgery. A conviction for such conduct attracted the protection-limiting exception in proviso (a) to Article 311(2), and the gravity of the misconduct was not to be diluted by the comparatively small amount involved. In cases of corruption and dishonest misappropriation, sympathy was held to be wholly misplaced and contrary to public interest. The disciplinary authority was therefore justified in ordering dismissal, and the appellate and writ interference with that order proceeded on an appreciation of the governing principle.
Conclusion: The dismissal was held to be valid and the respondent was not entitled to the lesser punishment imposed by the appellate authority.
Final Conclusion: The employee's dismissal was restored and the contrary orders were set aside because conviction for serious misconduct involving misappropriation and forgery justified removal from service under the constitutional exception.
Ratio Decidendi: Where a public servant is convicted of serious dishonest misconduct such as corruption, misappropriation, or forgery, proviso (a) to Article 311(2) permits dismissal from service and such punishment cannot be reduced on sympathetic considerations.
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