CWP No.6758 of 1989.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.6758 of 1989 (O&M) Date of Decision: 06.07.2010 **** Mohan Chand Joshi . . . . Petitioner VS. Haryana State Federation of Consumers Co-operative Wholesale Store Ltd. and another . . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Nemo ***** SURYA KANT J. (ORAL) (1). The petitioner seeks quashing of the order dated 12th May, 1989 and 15th May, 1989 (Annexure P21 & P22, respectively), whereby, he has been dismissed from service on the basis of the misconduct which led to his conviction in a criminal case under Section 409 IPC and pursuant to the said dismissal order, he was relieved from his duties of Salesmanwith immediate effect. (2). The petitioner was working as a Salesman in the Haryana State Federation of Consumers’ Cooperative Wholesale Store Ltd. at Chandigarh. An FIR No.280 CWP No.6758 of 1989.doc - 2 – dated 1st July, 1976 was registered in PS South Chandigarh against the petitioner alleging criminal breach of trust and misappropriation of the funds of the Federation to the tune of Rs.45033.73 and Rs.35829.72. It appears that there were two separate trials and in both the cases the petitioner was convicted and sentenced to undergo rigorous imprisonment for a period of one year with fine of Rs.9000/- and for a period of 2 years with fine of Rs.1000/-, respectively. On an appeal, the petitioner’s conviction was upheld but the sentence in the second case was reduced from two years to one year RI. Still aggrieved, the petitioner preferred Criminal Revision Nos.134 and 135 of 1998 before this Court which have been disposed of vide judgement dated September 15, 2009, upholding the petitioner’s conviction but reducing his sentence for the period already undergone though the amount of fine was enhanced to Rs.3000/-. (3). In other words, the conviction of the petitioner for an offence under Section 409 IPC has been upheld by this Court as well. (4). In these circumstances when the misconduct of the petitioner which led to his conviction on a criminal CWP No.6758 of 1989.doc - 3 – charge stands proved upto the revisional Court, no interference with the impugned dismissal order is called for by this Court in exercise of its writ jurisdiction. (5). Dismissed. (SURYA KANT) JUDGE 06.07.2010 vishal shonkar