P NARAYANASWAMY Vs. DIRECTOR OF SCHOOL EDUCATION MADRAS

JUDGEMENT

(1.) THIS is an appeal against the order of Mohan, J., dated 30th August, 1976, dismissing W P. No. 2638 of 1976 filed by the appellant herein. While the appellant was the Headmaster of a school he was arrested for certain offences, including one under section 120-B, Indian Penal Code. Consequent on his arrest, he was suspended. On 12th September, 1967 he was convicted, by the Sessions Judge, and on 11th July, 1970, based on his convition, he was dismissed. On 21st April, 1971, on appeal his conviction relating to the offence under section 120-B, Indian Penal Code, was confirmed. However, he was released under section 4(1) of the Probation of Offenders Act, 1958. Consequent on the judgment of the appellate Court the appellant was also reinstated.

(2.) THEREAFTER action was taken under Rule 154 of the Tamil Nadu Educational Rules. A show cause notice was issued by the Director of School Education (respondent herein) to the appellant, drawing his attention to the fact of conviction and asking him to show cause why his T S. L C. should not be cancelled. On 9th April, 1976, he submitted his reply. Not being satisfied with his reply, the impugned order of cancellation of the certificate came to be passed on 26th June, 1976. It was to quash that order the present writ petition was filed. The learned Judge having dismissed the writ petition, the present writ appeal has been filed.

(3.) SECTION 12 of the Probation of Offenders Act, 1958, reads as follows: "Notwithstanding anything contained in any other law, a person found guilty of an offence and dealt with under the provisions of section 3 or section 4 shall not suffer disqualification, if any, attaching to a conviction of an offence under such law: Provided that nothing in this section shall apply to a case who, after his release under section 4, is subsequently sentenced for the original offence".