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1971 Supreme(P&H) 210

R.S.NARULA, BAL RAJ TULI, MAN MOHAN SINGH GUJRAL
Om Prakash – Appellant
Versus
Director Postal Services (Posts And Telegraphs Department), – Respondent


Judgment

R.S.Narula, J.

1. This writ petition for quashing the order of the Second respondent (the postmaster, Amritsar) dated September, 15, 1969, whereby the Petitioners was dismissed from service consequent upon his conviction under Section 420/511, and 465/471 of the Indian Penal Code in connection with the submission by him of false medical reimbursement claims, was admitted by the Motion Bench (myself and Suri J.) on July 16, 1970 to a Full Bench in view of the doubt entertained by the Bench about the correctness of the view expressed by a learned Single Judge of this Court (P. D. Sharma J.), in Kehar Singh V/s. Regional Employment Officer, Chandigarh, 1967 Serv LR 527 (also reported in 1967-69 Punj L.R. 331), wherein it has been held that Section 12 of the Probation of Offenders Act, 1958 (hereinafter called the Act) prohibits the removal from service of a Government servant who after conviction has been dealt with under Section 3 or Section 4 of the Act, as conviction of such a Government servant cannot be taken into consideration for removing him from service.

2. The facts which have led to the filing of his petition are neither complicated not disputed. The petitioner who



















































































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