AMAR LAL ARORA Vs. VICE CHANCELLOR DELHI UNIVERSITY

JUDGEMENT

(1.) A FIR was lodged against the petitioner under Section 498A and 406 IPC. Consequent thereto, the petitioner was convicted by the learned Metropolitan Magistrate vide his order dated 14th August, 2002. Aggrieved by the order passed by Metropolitan Magistrate, the petitioner herein, filed an appeal against the judgment and conviction order before Additional Sessions Judge. The Additional Sessions Judge released the petitioner on probation for a period of one year. It was directed that a sum of '3,00,000/- and a fine of '5,000/- imposed by the trial Court was to be treated as cost of proceedings and a fine of '25,000/- was treated as compensation under Section 5(1)(a) of the Probation of Offenders Act. The petitioner failed a criminal revision before the High Court. The High Court disposed of the revision petition on 13th July, 2009 and the operative portion of the order reads as under :-

(2.) THE petitioner was employed with the Delhi University as a Personal Assistant. Subsequent to the order of conviction, the petitioner was dismissed from services.

(3.) THE grievance of the petitioner in this contempt petition is that despite the order passed by the Additional Sessions Judge and the order passed by the High Court in criminal revision, the University has not given benefit to the petitioner of Section 12 of the Probation of Offenders Act, 1958 and the representation of the petitioner has been rejected by an order dated 29th December, 2009 Counsel for the petitioner has relied upon Shankar Dass v. Union of India, reported at AIR (1985) SC Pg 772 more particularly paragraphs 4 and 8 which reads as under: