JAGDISH CHANDRA PARASHAR Vs. STATE OF M P

JUDGEMENT

(1.) By this appeal, the appellant has assailed the order dated 8.12.05 of the learned Single Judge in W.P.(s) 4416/05 by which learned Single Judge has dismissed the petition in limine. The petitioner was initially indicted for offences under Ss. 353 and 377 of the Indian Penal Code and was convicted only for an offence punishable under S.352 of the IPC. A criminal appeal No. 373/03 was filed but was dismissed by the Court of Sessions. This order was challenged in revision filed before this Court. This Court, while upholding the conviction, set aside the jail sentence and converted it to sentence of fine and execution of bond for good behavior.

(2.) Without going into the question as to whether sentence of fine coupled with the execution of bond under provisions of Probation of Offenders Act, 1958 (for short the Act) attracts the provision of S.12 thereof, we find that it only removes the disqualification attached to the conviction under the law under which a person is convicted. It is luculent that under S.352 and release under S.4 of the Act, can not be a defence to the departmental enquiry instituted on the basis of the conviction. We are fortified in our view by the judgment with the Supreme Court in Harichand Vs. Director of School Education [ 1998(2) SCC 383 ] wherein in paragraph 7 their Lordships have observed as follows :

(3.) In view of the law settled by the Supreme Court, there is no room for contention that on account of provisions of S.12 of the Act, departmental enquiry founded on the conviction can not be proceeded against the delinquent. The appeal is, therefore, summarily dismissed notwithstanding that it is also barred by time by 312 days.