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Issues:
The issues involved in this legal judgment include the dismissal of an employee from service following a criminal conviction, the application of the Probation of Offenders Act, and the fairness of the penalty imposed by the government. Issue 1: Dismissal from service following a criminal conviction: The appellant was retrenched by the Ministry of Rehabilitation in 1960 and subsequently convicted for breach of trust in 1962. Despite being released under the Probation of Offenders Act, he was summarily dismissed from service in 1964. Various legal proceedings ensued, culminating in an appeal before the Supreme Court. Issue 2: Application of the Probation of Offenders Act: The appellant contended that since he was released under the Probation of Offenders Act, the authorities were not justified in dismissing him from service. The High Court initially ruled in favor of the appellant, emphasizing the need to afford him a reasonable opportunity of being heard as required by Article 311(2) of the Constitution. However, the Supreme Court analyzed Section 12 of the Probation of Offenders Act and determined that the order of dismissal did not constitute a disqualification under the Act. Issue 3: Fairness of the penalty imposed: The Supreme Court acknowledged the tragic circumstances surrounding the appellant, including personal misfortunes that led to the criminal offense. Despite the conviction, the learned Magistrate had recommended the appellant be dealt with under the Probation of Offenders Act due to the compelling circumstances. The Court criticized the government's hasty dismissal of the appellant without considering a proportionate penalty, emphasizing the need for fairness and reasonableness in imposing penalties on government servants. Judgment Summary: The Supreme Court, while recognizing the tragic circumstances and the flaws in the government's actions, allowed the appeal. The Court set aside the previous judgments, directing the immediate reinstatement of the appellant in service with full back wages. The government was also instructed to pay the costs of the legal proceedings. Despite the delays and complexities of the case, the Court emphasized the importance of upholding justice and fairness in employment matters.
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