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The Supreme Courtroom has held {that a} public employer can not discharge an worker merely as a result of a prison case is pending towards him, significantly when the worker has not been allowed to defend himself.
A bench of Justice Dipankar Datta and Justice Sheel Nagu held that the discharge of a police constable was unlawful as a result of, on the time of his removing, there was no conviction towards him and the order was based mostly solely on the pendency of the prison case.
“Appellant was discharged from service not due to his conviction on a prison cost however merely on the bottom of pendency of the prison case. \
He was not given a chance of elevating his defence. We’ve got not been proven any regulation which authorises a public employer to both dismiss or take away an worker serving the police for extra 12 than a decade solely on the bottom of pendency of a prison case.
The act of termination of service, within the circumstances, can’t be justified.”, the Courtroom mentioned.
The Courtroom, nevertheless, declined to order reinstatement after greater than 20 years and, exercising its powers below Article 142 of the Structure, directed the State to pay the appellant ₹5 lakh as compensation.
Background
The appellant had initially been appointed as a Particular Police Officer within the Punjab Police in 1991 and was subsequently chosen for appointment as a Constable within the First Indian Reserve Battalion, Patiala.
Though he was chosen for the put up in August 2002, he was denied becoming a member of when he reported for obligation on August 30, 2002.
The rationale cited was the pendency of an FIR registered towards him below Sections 324, 326 and 34 of the Indian Penal Code.
On January 14, 2003, the appellant was discharged from service whereas the prison case was nonetheless pending; nevertheless, no conviction order was recorded towards him.
Later, the appellate court docket subsequently maintained his conviction below Part 324 IPC however put aside the conviction below Part 326 IPC and launched him on probation below the Probation of Offenders Act, 1958.
The appellate court docket had additionally noticed that the conviction wouldn’t have an effect on his service profession. Aggrieved by the Respondent’s choice refusing to reinstate him to the service, the Appellant filed an attraction earlier than the Supreme Courtroom.
Whereas agreeing with the Appellant’s competition that the discharge was flawed on the time when solely a prison case was pending towards him, the Courtroom disagreed with the Appellant’s competition relating to the reinstatement to the companies owing to his launch below the probation, saying that probation would not erase the conviction, which does not bar the removing from service solely based mostly on the conviction.
“…mere launch of a convict on probation below the 1958 Act doesn’t wash away the conviction and although profit is given below the 1958 Act, the convicted individual may be faraway from service solely based mostly on his conviction.”, the Courtroom mentioned.
Mere launch on probation doesn’t bar dismissal from service based mostly on worker’s conduct in crime
“Launch on probation doesn’t obliterate the conviction. Main object of releasing a convict on probation is his reformation and rehabilitation as a helpful and self-reliant member of society with out subjecting him to the deleterious results of jail life.
Nonetheless, on the bottom of conduct which has led to his conviction on a prison cost however launch on probation, the holder of a civil put up below the State may be proceeded towards in view of the second proviso to clause (2) of Article 311 and be dismissed or faraway from service or diminished in rank with none enquiry.”, the Courtroom mentioned.
Nonetheless, noting that because the Appellant was not convicted on the time of his discharge, due to this fact, discovering the discharge order to be unlawful, the Courtroom, as an alternative of reinstating the Appellant, has invoked its inherent jurisdiction below Article 142 of the Structure, directing the respondents to pay ₹5,00,000 to the appellant inside three months.
The attraction was disposed of within the aforesaid phrases.
Trigger Title: SPO/CONSTABLE IRB SATPAL SINGH VERSUS STATE OF PUNJAB & ORS.
Quotation : 2026 LiveLaw (SC) 845
Look:
For Appellant(s) : Mr. Pardeep Gupta, Adv. Mr. Parinav Gupta, Adv. Mrs. Mansi Gupta, Adv. Mr. Rakshit Rathi, Adv. Ms. Nandani Gupta, Adv. Dr. Mrs. Vipin Gupta, AOR Mr. Krishna Kumar, Adv.
For Respondent(s) :Mr. Karan Sharma, AOR Mr. Mohit Siwach, Adv.
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