Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Discharge from servic Service Law Probationer Absence from duty |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law: Punjab Police Rules: Rules 12.21 and 16.24 (ix). Probationer-Absence from duty-Discharge from service-Validity-Constable on probation discharged from service due to unauthorized absence from duty-High Court held that absence from duty was a misconduct and the discharge order amounted to punishment imposed on the said constable without holding a formal enquiry under R. 16.24 (ix) and, therefore, set aside the discharge order as being wholly illegal and contrary to law-Correctness of-Held: A probationer is on test and a temporary employee has no right to the post-The employer has a right to dispense with the services of an employee without anything more during or at the end of the probation period-In the present case, a simple order of discharge had been passed. The High Court erred in holding that the constable's absence from duty was the foundation of the order which necessitated an inquiry under R. 16.24 (ix)-High Court judgement set aside. The respondent was appointed as a police constable and he absented from duty without making any application for grant of leave or seeking permission for his absence. The respondent was, therefore, discharged from service under Rule 12.21 of the Punjab Police Rules as he was not likely to become an efficient police officer. The respondent filed a civil suit seeking a declaration that the discharge order was illegal and inoperative in law as it was passed by way of punishment, without holding any enquiry and without giving him any opportunity of hearing. The appellant contended that the respondent had put in less than three years of service and was a probationer on the date of passing of the discharge order and, therefore, he was rightly discharged under the Rules. The trial court decreed the suit which was affirmed by the First Appellate Court. In second appeal, the High Court held that absence from duty was a misconduct and the discharge order was a punishment which was imposed upon the respondent without holding a formal inquiry under Rule 16.24 (ix) of the Rules and set aside the discharge order as being wholly illegal and contrary to law. Hence the appeal. |
Judge | Hon'ble Mr. Justice G.P. Mathur |
Neutral Citation | 2005 INSC 293 |
Petitioner | State Of Punjab And Ors. |
Respondent | Sukhwinder Singh |
SCR | [2005] Supp. (1) S.C.R. 580 |
Judgement Date | 2005-07-14 |
Case Number | 4441 |
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