Release On Probation In Criminal Case No Ground To Reduce Punishment In Departmental Proceedings : Supreme Court

Observing that release on probation does not wipe out the stigma of conviction, the Supreme Court set aside the Madras High Court's decision that reduced a workman's punishment merely because he was granted the benefit of probation in criminal proceedings. “…the High Court has fell into error by observing that the conviction of the workman herein shall not be a disqualification and this conviction alone is not a ground to remove the workman from service.”, observed a bench of Justices Prashant Kumar Mishra and NV Anjaria. The case concerned a workman who had been appointed by impersonating his brother and using a forged educational certificate. After a domestic inquiry, he was dismissed from service. The Labour Court substituted dismissal with a reduction of pay and an increment cut for three years. The High Court later modified the punishment to compulsory retirement, relying heavily on the fact that the workman had been granted the benefit of probation in criminal proceedings. Challenging the High Court's decision, the Superintending Engineer appealed to the Supreme Court, relying on the case of Union of India Vs. Bakshi Ram (1990) 2 SCC 426 to contend that the release of an offender on probation does not obliterate the stigma of conviction, and as long as the conviction stands, the release of the respondent-workman on probation can never be taken as ground for substituting the punishment of dismissal from service for that of compulsory retirement. Finding force in the Appellant's argument, the bench, reiterating the view laid down in Bakshi Ram, observed that “the High Court has fell into error by observing that the conviction of the workman herein shall not be a disqualification and this conviction alone is not a ground to remove the workman from service.” “the observation made by the High Court runs contrary to the law laid down in Bakshi Ram (Supra). Therefore, we set aside the observation of the High Court made in favour of the respondent-workman in para 14 of the impugned order and reiterate the law laid down in Bakshi Ram (Supra).”, the court added. Considering the fact that the respondent-workman has died, the bench did not interfere with the modification of the punishment as made by the High Court in the impugned judgment. The appeal was accordingly disposed of.HeadnoteProbation of Offenders Act, 1958 – Section 12 – Effect of Probation on Conviction and Departmental Action – The Supreme Court reiterated that the release of an offender on probation does not obliterate the stigma of conviction - The conviction of the accused or the finding of the court that he is guilty remains untouched, as it is the sine qua non for an order of release on probation – Held that in a case where a workman obtained employment as a Helper by using his brother's educational certificates and impersonating him, Supreme Court held that such misconduct justifies departmental action - that Section 12 of the Probation of Offenders Act does not preclude a department from taking action for misconduct leading to an offence or conviction – Noted that Section 12 only removes "disqualifications" provided by other laws (e.g., for holding office or seeking elections) but does not sweep away the factum of guilt or the misconduct resulting in conviction - a person dismissed from service due to conviction is not entitled to reinstatement merely because they were granted the benefit of probation - While the Supreme Court set aside the High Court's observation that conviction alone is not a ground for removal, it declined to interfere with the modified punishment of "compulsory retirement" in this specific instance, noting that the respondent-workman had since passed away and the appellant did not wish to unsettle benefits accrued to the family. [Relied on Union of India Vs. Bakshi Ram (1990) 2 SCC 426; Paras 9-13]Cause Title: THE SUPERINTENDING ENGINEER VERSUS THE LABOUR COURT MADURAI & ORS.Citation : 2026 LiveLaw (SC) 78Click here to download orderAppearance: For Petitioner(s) Mr. Balaji Subramanian, A.A.G. Mr. Sabarish Subramanian, AOR For Respondent(s) None

Release On Probation In Criminal Case No Ground To Reduce Punishment In Departmental Proceedings : Supreme Court

Yash Mittal

This is a premium content
Available exclusively to
Our subscribers

INR 1099+GST

Tags

Yash Mittal

Release On Probation In Criminal Case No Ground To Reduce Punishment In Departmental Proceedings : Supreme Court

Yash Mittal

This is a premium content Available exclusively to Our subscribers

INR 1099+GST

Tags

Yash Mittal

This is a premium content
Available exclusively to
Our subscribers