- (1.) Special leave granted.
(2.) Despite service of notice, the respondent has not chosen to enter an appearance. We have heard the learned counsel for the appellant. The only ground on which the decision of the learned Single Judge came to be altered by the division bench is based on the interpretation of Section 12 of the probation of Offenders Act, 1958, which reads as under: "12.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:"the division bench of the High court held that this provision has overriding effect over the provisions of any other law and, therefore, the order of dismissal was liable to be quashed on that ground alone.
(3.) The impugned order was passed on the basis of Section 12 of the central Reserve Police Force Act, 1949 which inter alia provided that every person sentenced under this Act to imprisonment may be dismissed from the force, and shall further be liable to forfeiture of pay, allowance and any other moneys due to him, as well as of any medals and decorations received by him. The learned Single Judge came to the conclusion that since the order of imprisonment had been substituted by the order of probation this provision could not be invoked. At the same time, he observed that it would not preclude the competent authorities from taking appropriate disciplinary proceedings in accordance with law.;