PREMKUMAR Vs. UNION OF INDIA UOI

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution by Premkumar challenging the order of his dismissal.

(2.) THE petitioner was working as a clerk in the Postal Department. While on duty he quarrelled with another employee of the department and tried to beat him with a shoe. A criminal case was thereupon started and he was convicted under Section 353 of the Indian Penal Code as a result of which he was sentenced to pay a fine of Rs. 200 or, in default, to undergo simple imprisonment for four months. On appeal his conviction was maintained but he was given benefit of Probation of Offenders Act and released after admonition. Thereafter the disciplinary authority, taking action under Rule 19 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, dismissed him from service by order dated 6th June, 1969 which runs as follows: Whereas Shri P. R. Damle, Clerk, Sausar has been convicted on a criminal charge under Section 353, IPC. And whereas it is considered that the conduct of the said Shri P. R. Damle, Clerk, Sausar, which has led to his conviction, is such as renders his further retention in the public service undesirable, Now, therefore, in exercise of the powers conferred by Rule 19 (i) of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 the undersigned hereby dismisses the said Shri P. R. Damle, Clerk, Sausar, at present under suspension, from service w. e. f. 6-6-69, the date of issue of this order. Against the above order the petitioner preferred an appeal which was dismissed and further representation also was dismissed. Against the aforesaid orders he has filed the present writ petition.

(3.) LEARNED Counsel for the petitioner relied on Section 12 of the Probation of Offenders Act and contended that the effect of the petitioner's conviction is completely removed and he cannot be dismissed from service on the ground of conviction of an offence. Section 12 is quoted below:--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 person who, after his release under Section 4, is subsequently sentenced for the original offence.