Conviction
sanjay sanjay
(Querist) 16 March 2012
This query is : Resolved
Please advice the followings
1 whether conviction in a complaint case u/s 323 Ipc result in dismissal of a central govt employee?
2 what is the position in aforesaid case if employee is convicted but is left on probation by the court? Whether awarding probation will also result in dismissal?
3 what is the position if court pronounce a fine of rs 1000 instead of imprisonment in aforesaid case?
4 what will be the position if govt employee adopts plea bargaining and court awards punishment other than imprisonment?
Sudhir Kumar, Advocate
(Expert) 16 March 2012
1 whether conviction in a complaint case u/s 323 Ipc result in dismissal of a central govt employee?
Ans : Yes
2 what is the position in aforesaid case if employee is convicted but is left on probation by the court? Whether awarding probation will also result in dismissal?
Ans : Basically conviction has taken place
Section 12 of probation of Offenders Act 1958 reads as under :-
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.
This section may not be a bar to the department for initiating a disciplinary action leading to the circumstances leding to prosecution.
3 what is the position if court pronounce a fine of Rs 1000 instead of imprisonment in aforesaid case?
Ans : He is convicted
4 what will be the position if govt employee adopts plea bargaining and court awards punishment other than imprisonment?
Ans :There is no provision of plea bargaining in India. Even if allowed still it is conviction.
Shonee Kapoor
(Expert) 17 March 2012
I concur with Sudhir.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
