The Supreme Court of India held that granting probation under the Probation of Offenders Act, 1958, does not erase the stigma of conviction. The Court said probation only substitutes the sentence, and the conviction remains, allowing departmental disciplinary action.
The Supreme Court set aside High Court orders and upheld the dismissal of a CISF constable for contracting a second marriage, stressing that courts cannot act as appellate authorities in disciplinary matters. Invoking “dura lex sed lex”, the Court held that hardship cannot override clear statutory rules governing disciplined forces.
