COMISSIONER OF POLICE Vs. SATYAVIR SINGH

JUDGEMENT

(1.) SATYAVIR Singh was an accused in FIR No.65/2000 P.S. Munadawar Rajasthan, for offences punishable under Sections 147/148/323/325/451/324 IPC and upon being found guilty was awarded punishment to undergo simple imprisonment for two years. In appeal filed he was given the benefit of probation.

(2.) HIS candidature for the post of Constable (Exe.) being cancelled on ground of he being convicted led him to file O.A. 1950/2001 which has been allowed by the Tribunal vide impugned order dated January 24, 2012 observing that in view of Section 12 of the Probation of Offenders Act, 1958 no adverse civil consequences can flow against Satyavir Singh.

(3.) IN another decision pronounced by this Bench on April 29, 2013 deciding WP(C) 4052/2012 Commissioner of Police vs. Mukesh Kumar, with reference to the law declared by the Supreme Court in the decision reported as (1996) 11 SCC 615 Delhi Administration vs. Sushil Kumar as also the decision of the Supreme Court reported as (2011) 4 SCC 644 Commissioner of Police & Ors. vs. Sandeep Kumar, it was held that even if a person is convicted for having committed a penal offence that by itself would not disentitle the person to be given employment to a public post. In what manner the evidence pertaining to the conviction has to be appraise by the employer has been explained in the said decision.