SHANKER DASS vs UNION OF INDIA & ANR.

The Supreme Court set aside the High Court's judgment and reinstated the appellant in service with full back wages, emphasizing that dismissal due to a conviction does not equate to disqualification under Section 12 of the Probation of Offenders Act, 1958. The Court held that while Article 311(2) allows dismissal for conduct leading to a conviction, such power must be exercised fairly and reasonably. The dismissal was deemed whimsical as the Government failed to consider an appropriate penalty, thus violating principles of justice.