Bombay HC Upholds Firing of Court Clerk for Gambling Conviction

The Bombay High Court has upheld the dismissal of a candidate convicted in a gambling case, stating that such conduct amounts to moral turpitude and can justify refusal or termination of employment in public service, especially in the judiciary.

A Division Bench of Justices Shree Chandrashekhar and Manjusha Deshpande dismissed the petition filed by Jayesh Limje, who had challenged the decision of the City Civil and Sessions Court, Mumbai, to remove his name from the selection list for the post of Clerk-Typist and cancel his appointment on 9 June.

Conviction Under Gambling Act and Non-Disclosure
Limje had been convicted under Section 12A of the Bombay Prevention of Gambling Act, 1887, and fined ₹300. However, he did not disclose this conviction in his online application, thereby hiding important information from the appointing authority. The court observed that concealing such facts raises doubts about a candidate’s trustworthiness, reliability, and credibility.

The judges noted that even if an offence is compounded, it is treated as an admission of guilt in exchange for leniency. They further held that involvement in gambling is linked to moral turpitude, and the court cannot compel an employer to hire someone engaged in such activities.

Impact on Public Perception
The bench highlighted that in a judicial setup, the presence of someone involved in gambling could affect the public’s confidence in the system. It stated that even genuine actions of such a person could be viewed with suspicion by litigants and lawyers.

Judiciary’s Integrity Must Be Maintained
Emphasising the importance of integrity in public service, especially in the judiciary, the court said that employing someone with a criminal record in such a sensitive role could undermine the institution’s credibility. The judges concluded that the decision of the appointing authority was justified and could not be faulted.