IMPORTANT POINT
Benefit of probation – Noble intent of enacting Probation of Offenders Act is recidivism, rehabilitation as well as re-integration of offender into society – Once petitioner was let off on probation he has to be given benefit of very reason and objective of enactment of Probation of Offenders Act.

ORDER (ORAL)

Assailed herein is an order dated 16.09.2024 (Annex.3), vide which, petitioner’s application for appointment on compassionate grounds was rejected solely on account of his conviction by the trial court under Section 323 read with Section 341 of IPC, despite the fact that the trial did not impose any sentence on the petitioner, but merely imposed a fine of Rs. 500/- while extending the benefit of Section 4 of the Probation of Offenders Act.

2. Briefly speaking relevant facts as pleaded in the petition are as follows:-

2.1. The father of the petitioner was serving as an Assistant Administrative Officer at the Government Higher Secondary School in Aasind, District Bhilwara (Rajasthan), until his death on 13.11.2023. Following his father’s demise, the petitioner applied for compassionate appointment to the post of Junior Assistant on 21.12.2023. On 16.09.2024, the respondent No. 1 issued an office order listing individuals appointed on compassionate grounds, along with their respective district allotments. The petitioner’s name appears at Serial No. 11 on the list, with Bhilwara District allotted to him. It is important to note that in 2020, an FIR was registered against the petitioner under Sections 323 and 341 of the IPC, and after a trial, he was convicted but he was let off on Probation with a fine of Rs. 500/-. This information was disclosed in the Police Verification Report submitted to the department. Despite this, on 04.11.2024, respondent No. 2 wrote to respondent No. 1 seeking further instructions regarding the issuance of the petitioner’s appointment letter, considering his conviction. However, no final order regarding his appointment has been passed. In light of these circumstances, the petitioner sent a notice on 16.12.2024 demanding justice and requesting compassionate appointment due to his father’s death, but his case has yet to be considered. Hence, this petition.

3. A perusal of the office order dated 16.09.2024 (Annex.3) passed by the competent authority reflects that as far as the appointment to the petitioner as Junior Assistant on compassionate grounds is concerned, there is no quibble about the same.

4. However, despite the allotment of the district to the petitioner, he has not been allowed to join on the post in question. Apparently, on the ground of previous criminal proceedings, as above.

5. The State did not file appeal against the said trial court order/judgment. The same has thus attained finality. I am of the view that once the petitioner was let off on probation he has to be given benefit of the very reason and the objective of enactment of Probation of Offenders Act.

6. In this context, reference may be had to a judgment rendered by me while I was a Judge in Punjab and Haryana High Court, in similar circumstances, in a case titled Nasri Vs. State of Haryana.: CRM-A-38-MA-2017, relevant whereof, for ready reference, is reproduced as below:-

“Probation can thus also be termed as an alternative form of punishment envisaged within the criminal justice system. In my opinion, following principles or what can be termed as potential benefits of release on probation ought to be kept in mind by the learned sentencing Courts below for exercise of judicial discretion to grant probation, provided a deserving case is made out.

a) Nature of the Offense: The severity and type of offense committed by the individual are important considerations. Less serious offenses, such as non-violent crimes or violent but arising out of self defense or first time offenses, might make an individual more eligible for probation.

b) Individualized Justice: Before grant of the benefit of release on probation, one has to take into consideration the individual circumstances of the offender viz., the nature of the crime vis-a-vis the potential for positive change. It allows for tailored sentencing that considers the unique needs and characteristics of the offender, promoting a more just and proportionate response to t