VIGILANCE MANUAL VOLUME III - AP Online

672 DECISION - 329
The promotion of persons against whom charge has been framed in
the disciplinary proceedings or charge-sheet has been filed in criminal
case may be deferred till the proceedings are concluded. They must,
however, be considered for promotion if they are exonerated or
acquitted from the charges. If found suitable, they shall then be
given the promotion with retrospective effect from the date on which
their juniors were promoted.
(329)
(A) Constitution of India — Art. 311(2) second provisocl.(a)
(B) Departmental action and conviction
(C) Probation of Offenders Act
Employees convicted but released on probation of
good conduct under section 4 of Probation of
Offenders Act, can be dismissed or removed from
service on ground of misconduct which led to
conviction on criminal charge.
Union of India vs. Bakshi Ram,
1990 (2) SLR SC 65 : AIR 1990 SC 987
The respondent, Constable in the Central Reserve Police
Force at Devli in Rajasthan, was convicted under section 10(1) of
the CRPF Act, 1948 for forcing his entry (along with another
Constable) into the room of another constable and catching hold of
his wife and misbehaving with her, and released under the Probation
of Offenders Act.
The Supreme Court held that in criminal trial the conviction
is one thing and sentence is another. The departmental punishment
for misconduct is yet a third one. The court while invoking the
provisions of Sec. 3 or 4 of the Probation of Offenders Act does not
deal with the conviction; it only deals with the sentence which the
offender has to undergo. Instead of sentencing the offender, the
court releases him on probation of good conduct. The conviction
however, remains untouched and the stigma of conviction is not
obliterated. In the departmental proceedings the delinquent could