Probation Release Nullifies Employment Disqualification

Source: Delhi High Court

Why in News?

A Division Bench of the Delhi High Court comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia, in the case of Union of India & Ors. v. Rajesh (2026), held that release on probation under Section 12 of the Probation of Offenders Act, 1958 removes the disqualification attached to a conviction for purposes of public employment, even though the conviction itself is not wiped out.

What was the Background of Union of India & Ors. v. Rajesh (2026) Case? 

• The respondent was convicted under Sections 498A and 406 of the Indian Penal Code in a criminal case filed by his wife. 
• He filed an appeal against his conviction before the Appellate Court. 
• During the pendency of the appeal, the marriage was dissolved by mutual consent between the parties. 
• The Appellate Court upheld the conviction but released the respondent on probation of good conduct under the Probation of Offenders Act, 1958. 
• Subsequently, the Airports Authority of India (AAI) issued an advertisement for recruitment to the post of Junior Executive (Common Cadre). The respondent applied and was found successful in the selection process. 
• After being selected, the candidate disclosed his past conviction and subsequent release on probation in the attestation form, as required. 
• AAI cancelled his appointment on the ground that he was convicted of an offence involving moral turpitude and was therefore ineligible for appointment under Regulation 6(7)(b) of AAI's service regulations. 
• The candidate challenged this cancellation before the Delhi High Court. The Single Judge allowed his petition and directed AAI to appoint him, holding that the disqualification was removed by operation of Section 12 of the Probation of Offenders Act. 
• Aggrieved by the Single Judge's order, AAI filed a Letters Patent Appeal before the Division Bench.

What were the Court's Observations? 

• The Court noted that Regulation 6(7)(b) of AAI's service regulations deems a person convicted of an offence involving moral turpitude to be ineligible for appointment. 
• The Division Bench relied upon the Supreme Court's decision in Shankar Dass v. Union of India (1985), wherein it was observed that the word "disqualification" in Section 12 of the 1958 Act is used in the context of statutes that bar a convicted person from certain rights or offices, such as disqualifications for legislative membership under the Representation of the People Act. 
• The Court held that dismissal from an existing job as a penalty does not amount to a disqualification within the meaning of Section 12, but a bar to fresh appointment flowing from a conviction is indeed a disqualification contemplated under the provision. 
• The Division Bench held that the candidate's ineligibility under AAI's regulation stemmed directly from his conviction. Since he was released on probation, Section 12 of the 1958 Act applied, and consequently, the disqualification attaching to his conviction stood removed. 
• The Court further clarified that removal of disqualification does not mean the conviction itself is erased; it only means that the consequential bar to public employment is lifted. 
• The Division Bench additionally noted that the offence arose from a matrimonial dispute that was later amicably settled, the marriage was dissolved by mutual consent, and the complainant-wife had raised no objection. 
• Accordingly, the Division Bench upheld the Single Judge's order directing AAI to appoint the candidate to the post of Junior Executive, and dismissed the appeal filed by AAI. 

What is the Probation of Offenders Act, 1958? 

Introduction to the Probation of Offenders Act, 1958

About the Act:  

• An Act to provide for the release of offenders on probation or after due admonition and for matters connected therewith. 
• The main aim of this Act is to give an opportunity to offenders to reform themselves rather than turning into hardened criminals.   
• This Act provides for the release of offenders on probation or after due admonition. 
• The Act permits the release of criminals on probation for good behavior if the alleged crime that they have committed is not punished by life imprisonment or death penalty. 
• The Act allows for the release of first-time offenders upon proper admonition for those convicted under the provisions of Code of Criminal Procedure, 1973 (CrPC) (now BNSS) as well as those who are subject to a 2-year sentence or a fine or both. 

Section 12 of the Act:  

Section 12 – Removal of Disqualification Attaching to Conviction 

• Operates notwithstanding any other law — it overrides conflicting provisions in other statutes. 
• Applies to persons found guilty of an offence and dealt with under Section 3 (release after admonition) or Section 4 (release on probation of good conduct). 
• Such persons shall not suffer any disqualification that ordinarily attaches to a conviction under any law (e.g., bar to public employment, legislative membership, etc.). 
• The conviction itself is not erased — only the consequential disqualifications are removed. 
• Proviso (Exception): The protection under Section 12 does not apply if the person, after being released on probation under Section 4, is subsequently sentenced for the original offence (i.e., if probation is revoked and the original sentence is imposed).