Delhi High Court Orders AAI to Reinstate Candidate Released on Probation

Court rules that conviction-related disqualification does not apply to probationary releases, directs appointment of petitioner to Junior Executive post.

In a significant ruling, the Delhi High Court, presided by Justice Prateek Jalan, has directed the Airports Authority of India (AAI) to reinstate a candidate whose appointment was previously cancelled due to a conviction. The court emphasized the protection provided under Section 12 of the Probation of Offenders Act, 1958, which prevents disqualification due to conviction for individuals released on probation.

The petitioner, Rajesh, had been selected for the position of Junior Executive (Common Cadre) at AAI. However, his appointment was revoked based on a prior conviction under Sections 498A and 406 of the Indian Penal Code. Despite this, the petitioner was released on probation by the Appellate Court after settling matters with his estranged wife. The AAI had cited Rule 6(7)(b) of its General Conditions of Service and Remuneration of Employees Regulations, which deems persons convicted of moral turpitude offenses ineligible for appointment.

Justice Jalan ruled that Section 12 of the Probation of Offenders Act shields individuals like Rajesh from disqualifications attached to their convictions, particularly for posts not involving stringent security or law enforcement standards. The court highlighted that the nature of the Junior Executive post did not require such rigorous disqualification standards and that the petitioner should not be denied a livelihood based on speculative future career paths.

The court's decision was influenced by precedents, notably the Division Bench judgment in Shaitan Singh Meena v. Union of India, which differentiated between posts requiring strict integrity standards and others. The court found the nature of the Junior Executive role at AAI did not justify the disqualification.

The judgment emphasizes the reformative intent behind the Probation of Offenders Act, ensuring that individuals are not permanently handicapped in civil life due to past convictions, especially when released on probation. The court's directive underscores the balance between upholding legal standards and recognizing the rehabilitative potential of individuals.

AAI has been instructed to appoint Rajesh to the previously vacant post, as noted in an interim order, ensuring his reintegration into the workforce.

Bottom Line:

Section 12 of the Probation of Offenders Act, 1958 protects a person released on probation from disqualification attaching to a conviction under any other law - The nature of the post, such as officer-level positions in public authorities, cannot automatically disqualify such individuals if the conviction does not involve serious offences requiring prolonged disqualification.

Statutory provision(s): Probation of Offenders Act, 1958 Section 12, Indian Penal Code Sections 498A, 406, Airports Authority of India (General Conditions of Service and Remuneration of Employees) Regulations, 2003 Rule 6(7)(b).

Rajesh v. Union of India, (Delhi) : Law Finder Doc Id # 2802373