Allahabad High Court
Inspector General Of Jail And ... vs Rajesh Kumar Singh on 7 July, 2021
Bench: Munishwar Nath Bhandari, Acting Chief Justice, Vivek Chaudhary
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 29
Case :- SPECIAL APPEAL No. - 1394 of 2008
Appellant :- Inspector General Of Jail And Another
Respondent :- Rajesh Kumar Singh
Counsel for Appellant :- C.S.C.
Counsel for Respondent :- S. Pandey,G.K. Singh
Hon'ble Munishwar Nath Bhandari,Acting Chief Justice
Hon'ble Vivek Chaudhary,J.
By this appeal a challenge is made to the judgment dated 17th February, 1999 whereby the writ petition preferred by the petitioner/non-appellant against the order of termination dated 9th November, 1995 was accepted. The order of termination was passed on the ground that petitioner/non-appellant was convicted for an offence under Section 376 IPC vide judgment dated 1st April, 1995. The appeal thereupon was dismissed by the appellate court vide order dated 28th September, 1996. The learned Single Judge interfered with the order of termination by applying Section 25 of the Juvenile Justice Act, 1986. The said provision is quoted herein for ready reference:
"25. Removal of disqualification attaching to conviction.-Notwithstanding anything contained in any other law, a juvenile who has committed an offence and has been dealt with under the provisions of this Act shall not suffer disqualification, if any, attaching to a conviction of an offence under such law."
Section 25 provides that any juvenile who has convicted shall not suffer disqualification, if any.
In view of the above, the services of the petitioner/non-appellant could not have been terminated in reference to his conviction for the offence under Section 376 IPC. It is more so when he was even extended the benefit of probation by the 3rd Additional Sessions Judge. Once the benefit of probation was under the Probation of Offenders Act, 1958, the conviction cannot be taken to be disqualification. Section 12 of the Act of 1958 is herein quoted below:
"12. Removal of disqualification attaching to conviction.?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."
In view of Section 25 of the Act of 1986 and Section 12 of the Act of 1958, the conviction could not have been taken to be a disqualification qua juvenile convicted for the offence under Section 376 IPC. The learned Single Judge has rightly caused interference in the order of termination. The appeal thereupon was preferred but no interim order exists. A period of more than 22 years has already passed thereupon, thus, we are not inclined to cause interference in the order/judgment passed by the learned Single Judge. Appeal is, accordingly, dismissed.
Order Date :- 7.7.2021
VMA
(Vivek Chaudhary, J.) (Munishwar Nath Bhandari, A.C.J.)
