Jaipur: High court directed the police department to reinstate a police constable, who was dismissed from service for using unfair means during his graduate examination.The single bench of S P Sharma gave the direction on an appeal petition by the petitioner Kamlesh.R D Meena, counsel for the petitioner said, Kamlesh joined the police department as a constable on March 9, 1998. While appearing for the BA Part-III exam, he was found using unfair means and a case was registered against him under public examination (prevention of unfair means) Act, 1992. The petitioner was convicted for two-year simple imprisonment with a fine of Rs1000.In the appeal, his conviction was upheld, but the sentence was reduced to one year. He was accordingly sent to judicial custody and later dismissed from service in 2009 under rule 19 of the CCA Rules. The petitioner then filed a revision petition in the high court maintaining the conviction, but granting of benefit of section 4 (release him after due admonition) of Probation of Offenders Act and benefit section 12 (removal of disqualification attached to conviction) was extended.Despite several representations to the authorities for withdrawal of his dismissal order from service, they remained unanswered, on which he then again approached the court.The high court said, “Petitioner has been left on probation, exercising powers under section 4 of the Probation of Offenders Act and therefore, it cannot be said that the petitioner has been penalized on his conviction. Mere conviction alone is not sufficient in initiating proceedings under Rule 19 of the CCA Rules, 1958.” Besides, the court said no chargesheet was issued to the petitioner under CCA Rules.

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