Delhi HC expounds: no disqualification for government job after probation

April 26, 2019:

Delhi High Court has held that once probation is granted, no disqualification can be attached with the accuse and he cannot be denied a government job for his involvement in the offence.

A bench of Justice Muralidhar and Justice Mehta has passed the order in case titled SHAITAN SINGH MEENA vs UNION OF INDIA on 24.04.2019.

Petitioner applied under ST category for the above post pursuant to an advertisement issued in the Employment News 28th May 2016 to 3rd June 2016. On 4th September 2016, he cleared the written exam. He later cleared the trade test. He was also found fit in the medical examination held on 18th November 2016. When the Petitioner did not receive an appointment letter, he filed an application under the Right to Information Act, 2005. In response thereto, a letter dated 18th January 2017 was sent to him by Respondent No.2 informing him that during police verification he was found to have been convicted for the aforementioned offences and, therefore, his candidature stood cancelled.

Petitioner therefore approached the High Court and informed that by a judgment dated 1st December 2016 in Criminal Case No.129 of 2013 arising out of the aforementioned FIR 21 of 2013, the Trial Court while convicting the Petitioner and his brother for the aforementioned offences gave them the benefit of probation by applying Section 4 of the Probation of Offenders Act, 1958 (‗POA‘) and directing them to furnish a personal bond of Rs.10,000/- each apart from paying costs of Rs.2,200/-. The trial Court imposed a condition that neither accused would commit any offence for a period of two years thereafter and subject thereto shall get the benefit of Section 12 of the POA. The two-year period has since elapsed and in the interregnum there has been no criminal case involving the Petitioner.

The department however has objected to the challenge by taking a plea that release of the Petitioner under Section 4 of the POA would not obliterate the conduct/act which constituted the offence, for which he has already been convicted. The stand is that Section 12 POA would not take away the effect of conviction for the purposes of employment in Government service.

High Court posed a basic question “whether the grant of the benefit of probation to a person in a criminal case will act as a disqualification for such person being appointed to a post?”

High Court observed “The title of the Section itself is ‘removal of disqualification attaching to conviction’. There are decisions which explain that the grant of the benefit of probation in a criminal case would not attract disqualification for appointment to a post in government service on account of Section 12 of the POA”.

It also observed “The above three decisions of the DB explain the legal position as regards grant of the benefit of probation and consequently Section 12 POA even while convicting a person. The object of Section 12 POA is to remove the disqualification attaching to the conviction. Another factor to be noted is that in each of the above three decisions, there was an additional issue regarding non-disclosure by the Petitioners of their involvement in the criminal case. Yet, that did not come in the way of their being held not disqualified for appointment to the respective posts in government service”.

High Court then issued the direction as “For the aforementioned reasons, this Court sets aside the decision of the Respondents to cancel the candidature of the Petitioner, as communicated to him by the impugned communication dated 18th January 2017. A direction is issued to the Respondent No.1 to pass an appropriate order appointing the Petitioner to the post of Limb Maker Carpenter in the ALC within a period of 12 weeks from today”.

Read the order here:

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