decision of the appointing authority
cannot be faulted.
29.8. An employee on probation can be discharged from service or may be
refused employment ... clause 4 of the offer of
appointment, the respondent was on probation for a period of two years and
that his services were liable
counsel for the appellants that the prayer for releasing the appellants on probation under the Probation of Offenders Act 1958 should have been considered ... offence, they may kindly be released under Section 3 of Probation of Offenders Act". Learned counsel for the appellants submitted before this Court that
Prayer was that he should be
directed to be released on probation under Section 4 of the
Probation of Offenders Act, 1958 (in short ... Probation Act ')
or in the alternative under Section 360 of the Code of Criminal
Procedure, 1973 (in short the 'Code'). The High
while rejecting the prayer of the accused for
grant of benefit of Probation of Offenders Act and as such, prayed
that in case this Court ... committed offences, he being first offender may be
given benefit of the Probation of Offenders Act .
8. Per contra, Mr. Rupinder Singh Thakur, Additional
Advocate
accused person under s. 360 or under the
provisions of the Probation of Offenders' Act, 1958 (Act XX
of 1958) or;
(b) a youthful ... year together with a fine
of Rs. 200/-.
Releasing the appellant on probation, the Court
^
HELD: 1. Enacted law is guilty of inaction; because
maintained the conviction under Section 323 and released
him on probation. Thereafter, the petitioner sought for
reinstatement. The authorities, since have had already
dismissed ... under Sections 302 and 324 IPC
and he having been released on probation for offence under
Section 323 , it cannot be said that there
consideration of the applicability of
provisions contained in Section 4 of the Probation of Offenders
Act, 1958 (in short the ' Probation ... High Court to consider the benevolent
provisions contained in the Probation Act and/or Section 360
of the Code.
Where the provisions of the Probation
trial Court convicting him under Section
324 IPC, and releasing him on probation under Section 360 Cr.P.C., the
State has preferred the present ... learned trial Court,
though convicted him, but granted the benefit of probation.
3.2 Feeling aggrieved and dissatisfied with the judgment and order of
conviction
counsel for the
appellants that the prayer for releasing the appellants on probation
under the Probation of Offenders Act 1958 should have been
considered ... offence, they may kindly be released
under Section 3 of Probation of Offenders Act". Learned counsel for
the appellants submitted before this Court that
accused, who was convicted in this case, was extended the benefit
of probation considering his age to be 85 years, whereas the trial
Court ... though has considered the prayer of the petitioners
for release on probation, but was of the opinion that this is not a fit
case
