NDLI: Harichand Vs. Director of School Education

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Criminal Law : Probation of Offenders Act 1958: Section 12
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Probation of Offenders Act, 1958 (20 of 1958)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Criminal Law : Probation of Offenders Act, 1958: Section 12-Provided for removal of disqualification attaching to a conviction-Applicability of-Accused was convicted under S.408 IPC but was released on probation under S. 4(1)-By reason of the conviction accused was dismissed from Government service-Validity of-Held; S. 12 applicable only in respect of a disqualification that goes with a conviction under the law which provides for the offence and its punishment-Hence, S. 12 did not prohibit taking into account the conviction for the purposes of dismissal from Government service-Penal Code, 1860, S. 408-Service Law. The appellant was convicted of an offence under Section 408 of the Indian Penal Code, 1860 and sentenced to undergo rigorous imprisonment for a term of two years and to pay a fine of Rs. 1,000-In appeal, the Sessions Court upheld the conviction but set aside the sentence and directed that the appellant be released on probation under Section 4(1) of the Probation of Offenders Act, 1958. By reason of the appellant's conviction, the respondent, in whose employ the appellant was, dismissed him from Government service. The dismissal was challenged by the appellant in a writ petition filed before the High Court, which was dismissed. Hence this appeal. On behalf of the appellant it was contended that the conviction could not have been taken into account for the purposes of removing the appellant from Government service by reason of the provisions of section 12 of the Act.
Judge	Honble Mr. Justice S.P. Bharucha
Neutral Citation	1998 INSC 20
Petitioner	Harichand
Respondent	Director Of School Education
SCR	[1998] 1 S.C.R. 143
Judgement Date	1998-01-14
Case Number	1451

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