Pendency of criminal case no ground to discharge public servant: SC

The Supreme Court has held that a public employer cannot discharge an employee merely because a criminal case is pending against him, especially when the employee was not allowed to defend himself. The court set aside the discharge of a Punjab police constable who was removed in 2003 solely due to a pending FIR, before any conviction.

The bench of Justices Dipankar Datta and Sheel Nagu noted the constable had served over a decade and found no law authorising termination only on the ground of a pending case. However, the court declined to order reinstatement after more than two decades and instead directed the state to pay Rs 5 lakh as compensation within three months under Article 142.

The court also clarified that release on probation under the Probation of Offenders Act does not erase the conviction, and disciplinary proceedings based on the employee's conduct leading to conviction can still proceed. In this case, since the constable was not convicted at the time of discharge, the removal was illegal.