Inclusion of Release on Probation

Source: Supreme Court 

Why in News? 

The bench of Justices Prashant Kumar Mishra and NV Anjaria in the case of The Superintending Engineer v. The Labour Court Madurai & Ors. (2025) set aside the Madras High Court's decision that reduced a workman's punishment merely because he was granted the benefit of probation in criminal proceedings, reiterating that release on probation does not wipe out the stigma of conviction. 

What was the Background of The Superintending Engineer v. The Labour Court Madurai & Ors. (2025) Case? 

• The case concerned a workman who had been appointed by impersonating his brother and using a forged educational certificate. 
• After a domestic inquiry was conducted, the workman was dismissed from service. 
• The Labour Court substituted the punishment of dismissal with a reduction of pay and an increment cut for three years. 
• The Madras High Court later modified the punishment to compulsory retirement. 
• The High Court relied heavily on the fact that the workman had been granted the benefit of probation in criminal proceedings related to the same misconduct. 
• The Superintending Engineer appealed to the Supreme Court challenging the High Court's decision to reduce the punishment. 
• The appellant relied on the case of Union of India v. Bakshi Ram (1990) to contend that release on probation does not obliterate the stigma of conviction. 
• The appellant argued that as long as the conviction stands, the release of the respondent-workman on probation can never be taken as ground for substituting the punishment of dismissal from service for that of compulsory retirement. 

What were the Court's Observations? 

• The bench observed that the High Court fell into error by observing that the conviction of the workman shall not be a disqualification and this conviction alone is not a ground to remove the workman from service. 
• The bench emphasized that release on probation does not wipe out the stigma of conviction. 
• The Court clarified that the benefit of probation in criminal proceedings cannot be used as grounds to reduce punishment in departmental proceedings. 
• Considering the fact that the respondent-workman has died, the bench did not interfere with the modification of the punishment as made by the High Court in the impugned judgment. 
• The appeal was accordingly disposed of. 

What is Release on Probation? 

• Release on probation is a judicial mechanism that allows certain offenders to be released without serving a sentence, subject to good behaviour conditions. 
• The probation system aims at reformation and rehabilitation of first-time or minor offenders rather than punishment. 
• Under Indian law, probation is governed primarily by the Probation of Offenders Act, 1958. 
• When an offender is released on probation, they are not imprisoned but must comply with certain conditions set by the court. 
• The conviction, however, remains on record even when probation is granted. 

What is the Probation of Offenders Act, 1958? 

Introduction to the Probation of Offenders Act, 1958

About the Act:  

• An Act to provide for the release of offenders on probation or after due admonition and for matters connected therewith. 
• The main aim of this Act is to give an opportunity to offenders to reform themselves rather than turning into hardened criminals.   
• This Act provides for the release of offenders on probation or after due admonition. 
• The Act permits the release of criminals on probation for good behavior if the alleged crime that they have committed is not punished by life imprisonment or death penalty. 
• The Act allows for the release of first-time offenders upon proper admonition for those convicted under the provisions of Code of Criminal Procedure, 1973 (CrPC) (now BNSS) as well as those who are subject to a 2-year sentence or a fine or both.