Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law-Termination of service |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law - Termination of service - By order of discharge - Appointment - Initial period of probation for six months - Extended from time to time - Despite further non-extention of probation, employee continuing on the post - Initiation of disciplinary proceeding - On account of misconduct - Departmental enquiry initiated but not brought to its logical end - Termination of service by Appropriate Authority finding him guilty of the misconduct - By extending the probation upto the date of the order of termination - Order upheld by High Court - On appeal, held: Termination order by Appropriate Authority is not sustainable - The order being founded not on the basis of unsuitability for the job alone but also on the basis of misconduct, was stigmatic and punitive in nature - Extention of probation being in contravention of the prevailing law, the employee would be deemed lo have been confirmed after expiry of initial period of probation - Bombay Provincial Municipal Corporation Act, 1949 - s. 56 - Bombay Civil Services Rules - rr. 17.2 and 17.3.Appellant was appointed on temporary basis by the respondent-Municipal Corporation. He was put on probation for a period of six months. His probation was extended from time to time, although no statutory provision existed in that regard. Despite further non-extention of the probation, he continued to work. Disciplinary proceedings were initiated against the respondent on account of misconduct of absence from duty without prior leave. His explanation on this behalf was rejected. Departmental enquiry was conducted but the same was not brought to its logical end. He was discharged on the ground of the misconduct by the Appropriate Authority, by further extending the probation. Respondent's Writ Petition against the same was dismissed by Single Judge of High Court. Intra-court appeal was also dismissed by Division Bench of High Court. Hence the present appeal. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2007 INSC 1039 |
Petitioner | Jaswantsingh Pratapsingh Jadeja |
Respondent | Rajkot Municipal Corporation And Anr. |
SCR | [2007] 10 S.C.R. 1124 |
Judgement Date | 2007-10-11 |
Case Number | 4812 |
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