KARAN LAL SONKAR Vs. STATE OF C. G.

JUDGEMENT

(1.) The petitioner while working as Peon in the establishment of respondent No.2 was convicted for offences under Ss. 420/511 read with Ss. 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 dtd. 27/2/2006 maintained his conviction for offences under Ss. 420/511 and 468 of the IPC, however, setaside his conviction under Sec. 472 of the IPC and eventually extended the benefit of probation under Sec. 4 read with Sec. 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 interalia 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 interalia 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.