Order on Board

21/9/2021

1. The petitioner while working as Peon in the establishment of respondent No.2 was convicted for offences under Sections 420/511 read with Sections 468 and 472 of the IPC and he was sentenced accordingly on 27.4.2000 and thereafter he was dismissed from service on 19.10.2000. On appeal being preferred by the petitioner against judgment of conviction, the appellate Court by its order dated 27.2.2006 maintained his conviction for offences under Sections 420/511 and 468 of the IPC, however, set-aside his conviction under Section 472 of the IPC and eventually extended the benefit of probation under Section 4 read with Section 11 of the Probation of Offenders Act, 1958 (hereinafter called as 'Act of 1958') by releasing the petitioner on probation of good conduct.

2. The petitioner has filed this writ petition stating inter-

alia that since the petitioner has been released on probation, yet he has not been allowed to join though no order of termination has been passed against him, therefore, appropriate writ / direction be issued.

3. Return has been filed by the respondents stating inter-

alia that the petitioner has already been dismissed from service on 19.10.2000 in view of the relevant service Rules and he has incurred disqualification by virtue of Rule 9 of the Chhattisgarh Municipal Employees (Recruitment and Conditions of Service) Rules, 1968 (hereinafter called as 'Rules of 1968') and therefore, he cannot be retained his service and order of dismissal from service has already been passed on 19.10.2000.

4. Mr.Suresh Kumar Verma, learned counsel for the petitioner, would submit that once the petitioner has been extended the benefit of probation under Section 4 read with Section 11 of the Act of 1958 by virtue of Section 12 of the Act of 1958 which provides removal of disqualification attaching to conviction, he cannot be said to have been terminated from service on this ground. Therefore, he be directed to join the service of respondent No.2.

5. On the other hand, Mr.Animesh Tiwari, learned counsel for respondent No.1/State, would submit that disqualification on conviction of a criminal charge is not included in term removal of disqualification attaching to conviction in view of decision of the Supreme Court in the matter of Shankar Dass v. Union of India and another1. Even if the petitioner has been released on probation by extending the benefit of Section 4 read with Section 12 of the Act of 1958 which provides removal of disqualification attaching to conviction, he cannot be held that he should be allowed to work though he was suffered termination and conviction for offences under Sections 420 and 468 of the IPC has been maintained by the appellate Court and merely he has been extended the benefit of probation under section 4 of the Act of 1958.

6. I have heard learned counsel for the parties, considered their rival submissions made hereinabove and went through the records with utmost circumspection.

7. The question for consideration would be whether the petitioner having been convicted for offences under Section 420/511 and 468 of the IPC and his conviction having been maintained by the appellate Court and benefit of probation under Section 4 read with Section 11 of the Act of 1958 having been extended by virtue of Section 12 of the Act of 1958, he is said to have not disqualified for the purpose of employment.

8. At this stage, it would be appropriate to notice Sections

4(1), 11(1) and 12 of the Act of 1958 which state as under:-

“4. Power of court to release certain offenders on

1 (1985) 2 SCC 358

probation of good conduct.-(1) When any person is found guilty of having committed an offence not punishable with death or imprisonment for life and the court by which the person is found guilty is of opinion that, having regard to the circumstances of the case including the nature of the offence and the character of the offender, it is expedient to release him on probation of good conduct, then, notwithstanding an