Supreme Court: Probation Doesn't Bar Dismissal Of Convicted Public Servant

The case concerns a civil appeal by a former Special Police Officer/Constable who challenged his discharge from service, arguing that the pendency of a criminal case and his subsequent release on probation entitled him to reinstatement. The Supreme Court examined whether the conviction, despite the probation order, justified the termination of his service.

Appellant: SPO/Constable IRB Satpal Singh; Respondents: State of Punjab & Ors.; Bench: Justice Dipankar Datta.

• The Court dismissed the civil appeal.
• The Court held that release on probation under the Probation of Offenders Act, 1958, does not wash away the conviction.
• The Court ruled that Section 12 of the 1958 Act does not prevent the termination of service of a public servant based on a criminal conviction.
• The Court held that the observation by the Additional Sessions Judge that the conviction would not affect the service career was incorrect in light of Supreme Court precedents.
• The Court affirmed the High Court's decision to dismiss the appellant's suit for reinstatement.

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