Himachal HC : Fraudulent Government Job via Impersonation Not Eligible for Probation of Offenders Act

The Himachal Pradesh High Court held that fraudulently securing government employment by impersonating another is not eligible for probation under the Probation of Offenders Act, 1958.

Justice Rakesh Kainthla found that the accused, Babu Ram, used Mohan Singh’s matriculation certificate to obtain a teacher’s job, depriving the rightful candidate and violating Sections 419, 420, and 468 of the IPC. 

The Court emphasised that such deception infringes upon Article 16 of the Constitution, which guarantees equal opportunity in public employment. 

Referring to Supreme Court precedent in R.V.E. Venkatachala Gounder (2003), the Court stated that secondary evidence becomes admissible if not objected to during the trial, affirming that probation benefits are inapplicable in such serious offences.