- (1.) The petitioner was employed as Helper Grade-II with the Rajasthan State Electricity Board, Jaipur (hereinafter referred to as 'the respondent-Board') on 25.05.1991. He is stated to have been placed in a regular pay scale on 01.03.1996. He had been convicted for the offences under Section 147, 323 & 325/149 IPC and sentenced to undergo simple imprisonment for two years by the trial court vide order dated 03.07.1996. The appeal, preferred against the aforesaid order, was dismissed by the Sessions Court on 23.03.1998. However, in the revision petition, this Court, while maintaining the conviction of the petitioner, had given him the benefit of release on probation vide judgment dated 18.05.1998. He was removed from service vide order dated 22.01.1999, which has been impugned in the instant petition.
(2.) Learned counsel appearing for the petitioner has contended that as the petitioner had been given the benefit under the Probation of Offenders Act, 1958 (hereinafter referred to as 'the Act of 1958'), in view of the provisions of Section 12 of the Act of 1958, he could not have been removed from service on account of his conviction. He has relied upon the judgment of this Court in Kuldeep Singh vs. Union of India, 1974 RajLW 171, judgment of the Full Bench of the Punjab and Haryana High Court in Om Prakash vs. The Director Postal Services (Posts and Telegraphs Department) Ambala & Ors., 1973 AIR(P&H) 1, and the judgment of the Hon'ble Supreme Court in The Divisional Personnel Officer Southern Railway and Anr. vs. Union of India and Ors., 1975 2216 AIR
(3.) Per contra, learned counsel appearing for the respondents has submitted that the petitioner had been concealing the fact of his involvement in the criminal case, right from the time he joined service, and hence the impugned order, which has been passed after granting him opportunity of hearing, cannot be faulted.;