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Thursday, August 12, 2010

Employee can be sacked even if released on probation: SC

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Employee can be sacked even if released on probation: SC

The Supreme Court has held that an employee can be dismissed for moral turpitude even if he or she is released under the Probation of Offenders Act after being convicted for an offence.

"The conviction in a criminal case is one part of the case and release on probation is another. Therefore, grant of benefit of the provisions of Probation of Offenders Act, 1958, only enables the delinquent not to undergo the sentence on showing his good conduct during the period of probation.

"In case, after being released, the delinquent commits another offence, benefit of Probation of Offenders' Act, 1958, gets terminated and the delinquent can be made liable to undergo the sentence.



Source: PIB



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