The Hindu : Tamil Nadu News : Person convicted of minor offence can join police: High Court

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Tamil Nadu

Person convicted of minor offence can join police: High Court

Staff Reporter

MADURAI: A person convicted of minor criminal offence and subsequently released under the Probation of Offenders Act cannot be prohibited from joining the police, the Madras High Court has held.

A Division Bench, comprising Justice Elipe Dharma Rao and Justice R. Subbiah, gave the ruling while allowing a writ appeal filed in the Madurai Bench by an aspirant to the post of police constable. He had been convicted in a gambling case.

The appeal had challenged an order passed by a single judge placing much reliance on Rule 14(b) (iv) of the Tamil Nadu Special Police Subordinate Service Rules, which stipulate that applicants must not be involved in any criminal case. Writing the judgment for the Division Bench, Mr. Justice Dharma Rao said the Police Rules could not override the benefits provided under Section 360 (3) of the Criminal Procedure Code and Section 12 of the Probation of Offenders Act.

Cr.P.C. states that a person convicted of theft, dishonest misappropriation, cheating or any offence with not more than two years of imprisonment or fine could be released by the trial court after due admonition, considering his age and antecedents.

Further, Section 12 of the Probation of Offenders Act stipulates that convicts released on probation of good conduct or after admonition by the trial court shall not suffer any disqualification attached to the conviction.

The Division Bench said persons with doubtful integrity and criminal background should not be permitted to climb the ladder of public appointments, particularly the police service, which requires unquestionable integrity and devotion to duty.

At the same time, the nature of the case in which a person was convicted should also be considered, the Judges observed after accepting the arguments advanced by the appellant’s counsel K. Jegannathan.

Petty case

They said in the present case the appellant was convicted only in a petty case and released as he pleaded guilty. Two co-accused alone were imposed a fine of Rs.25 each.

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