UNION OF INDIA Vs. SUSHMA SONI

JUDGEMENT

(1.) This writ petition under Articles 226/227 of the Constitution of India, by Union of India, seeks to challenge an order dated 24.2.2003 in OA No.224/2001 passed by the Division Bench of Central Administrative Tribunal, Jaipur, directing it to take a fresh decision in the matter of compassionate appointment to respondent no.1 and to pass an appropriate order treating her late husband to be in service till the date of his death in respect of his salary, gratuity, family pension and other benefits within a period of three months, in view of order dated 3.12.1999 passed by the Governor, State of Rajasthan under Article 161 of the Constitution of India granting pardon to her late husband.

(2.) The petition raises an important and a substantial question of law of far reaching consequences, particularly in service jurisprudence and in election disputes, which prescribe disqualification for holding a public post under the Union or the State and from contesting elections on the ground of previous conviction and sentence by the Courts. The question that has drawn our attention, is What is the effect of the exercise of power of pardon by the President or the Governor under Articles 72 and 161 of the Constitution of India on the conviction and sentence of a person held guilty of an offence under the Indian laws.

(3.) The facts of the case insofar as they are relevant for addressing the aforementioned questions, are capsulated hereunder :-