Chhattisgarh High Court Quashes Termination of Retired Navy Officer
The Chhattisgarh High Court overturned the dismissal of a retired Indian Navy officer from his position as Food Inspector, a post reserved for Ex-Servicemen. The court ruled that his removal, based on alleged concealment of childhood criminal cases, was arbitrary.
Legal Basis and Court's Reasoning
The Division Bench referenced Section 24 of the Act of 2015, emphasizing its purpose to allow a Child in Conflict with Law (CCL) to live without stigma by erasing the impact of past offenses. According to the court:
“Section 24 of the Act of 2015 has been incorporated in order to give a CCL an opportunity to lead his life with no stigma and to wipe out the circumstances of his past. It thus provides that a CCL shall not suffer any disqualification attaching to conviction of an offence under such Act.”
The court clarified that a "CCL" at the time of the alleged offense must be handled under the 2015 Act, which mandates that all criminal charges against individuals classified as CCL be resolved by authorities set up under the Act, namely the Juvenile Justice (JJ) Board.
Supporting Evidence of Integrity
The officer's clean record of fifteen years in the Indian Navy, where his conduct was rated "Exemplary" and "Very Good," strengthened his case, reinforcing his integrity and fitness for public service.
Conclusion
The court's decision underlines the principle that individuals convicted as children should not continue to bear discrimination as adults, especially when they have demonstrated reformed behavior and exemplary service.
Author's Summary
The Chhattisgarh High Court’s ruling protects rehabilitated individuals by preventing lifelong stigma for childhood offenses, reaffirming justice and fair treatment in public service.