Dismissal founded on conviction requires reconsideration when appellate court grants benefit under Section 12.

The applicant, a Group ‘C’ employee, was dismissed from service by order dated 16 May 2018 on the basis of his conviction in FIR No. 117/2007 for offences under Sections 325/149 of the Indian Penal Code.

The applicant challenged the dismissal and the rejection of his departmental appeal before the Tribunal, while also pursuing an appeal against the judgment of conviction dated 16 September 2017 passed by the trial court at Kishangarh, District Alwar, Rajasthan.

During the pendency of the Original Application, the appellate court, by judgment dated 17 March 2026, interfered with the conviction and extended the applicant the benefit of Section 12 of the Probation of Offenders Act, 1958.

The applicant consequently filed MA No. 2993/2026 to place the appellate judgment on record.

The respondents did not dispute these developments.

Whether, in view of the appellate court’s subsequent interference with the applicant’s conviction and grant of the benefit under Section 12 of the Probation of Offenders Act, 1958, the dismissal order required reconsideration by the disciplinary authority.

Whether the matter should be remitted to the disciplinary authority for passing a fresh, reasoned order after considering the appellate judgment and other relevant material.

The Tribunal applied the principle that where disciplinary action is founded upon a criminal conviction, a subsequent appellate decision materially affecting or interfering with that conviction must be considered by the disciplinary authority before the penalty is sustained.

It also considered Section 12 of the Probation of Offenders Act, 1958, under which a person dealt with under the Act is protected from certain disqualifications attaching to conviction; the appellate court had extended this benefit to the applicant.

The Tribunal directed that the disciplinary authority reconsider the matter and issue a reasoned and speaking order.

The dismissal order was expressly founded on the trial court’s judgment of conviction.

Since that conviction had subsequently been interfered with by the appellate court and the applicant had been granted the benefit of Section 12 of the Probation of Offenders Act, the factual and legal basis underlying the dismissal had materially changed.

The Tribunal therefore considered it inappropriate to allow the disciplinary penalty to stand without fresh consideration.

Instead of finally determining the appropriate penalty, it set aside the impugned order and remitted the matter to the disciplinary authority to assess the effect of the appellate judgment along with all other relevant material.

The disciplinary authority was directed to pass a reasoned and speaking order within three months from receipt of the Tribunal’s order.

The applicant was permitted to submit the appellate judgment and any other relevant material before the disciplinary authority.

The Original Application and pending Miscellaneous Application were accordingly disposed of, with no order as to costs.