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Sacked for criminal case at 10, PAC jawan re-instated by high court

Allahabad: The Allahabad high court has quashed the termination order of a PAC constable, whose services have been terminated on the floor that a prison case was once registered against him within the 12 months 1994, even supposing he was once simplest 10 years previous at that time.
Hearing the writ petition filed through constable Rajiv Kumar, Justice Ajay Bhanot mentioned that the petitioner was once simplest 10 years of age on the time of registration of FIR and submission of chargesheet. He was once prosecuted along side co-accused and was once subsequently acquitted in 2002.

As the petitioner was once a minor, and was once simplest 10 years of age when the FIR was once lodged against him and his family members, the court, while coping with rights and innocence of a minor, mentioned, “The attention of a past prosecution of a kid in a prison case will prevent reintegration within the mainstream society. It will pose an impediment within the reformation of child and growth right into a accountable adult. It will disable the all-around construction of a kid right into a regulation abiding citizen. It will preclude realization of the mandate of Article 39 of the Constitution of India.”

The court in its 90-page judgment additional observed that there is another side of the topic. “The gravity of the offence needs to be noticed within the context of social realities. The practice of framing younger participants of a family in disputes in villages isn't unusual. This is not only an abuse of the process of court but also has far-reaching consequences on our social structure. False prison instances are used to ruin the way forward for off-springs of rival family to precise revenge.”

For causes not within the record, the petitioner was once not prosecuted underneath the Juvenile Justice Act 1986 and the protection of the Act was once denied to the petitioner. The court additional held that once acquittal of petitioner within the prison case, the effects would be that prison case never took place and thus the declaration made through the petitioner while becoming a member of the carrier in 2006 was once not a false declaration.

The plea of the employer that the petitioner was once required to make declaration disclosing details of prison prosecution confronted as a minor child, was once in violation of elementary rights of the petitioner as guaranteed underneath Article 21 of the Constitution (right to lifestyles and private liberty) and Juvenile Justice Act, the court mentioned.

In its March 11 judgment, the court held that the termination of the petitioner is wholly illegal and he was once avoided from discharge of his tasks as a constable through the respondents because of their arbitrary action and due to this fact, the petitioner may be entitled to complete wages.

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