Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law – Punjab Police Rules |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Issue for consideration: Issue arose as regards the justifi cation of thedischarge order of the probationer constable by the Superitendent of Policedue to prolonged absence from training without any intimation.Service Law – Punjab Police Rules, 1934 – r. 12.21 – Discharge orderof probationary constable u/r. 12.21 by Superitendent of Police owing tohis prolonged absence from duty without any intimation – Legality of:Held: It is clear from r. 12.21 that in case a probationary constableis found unlikely to prove an effi cient police offi cer, he may be dischargedby the Senior Superintendent of Police-SSP at any time within three yearsfrom the date of enrolment – On facts, discharge order was passed on therecommendation of the supervisory authority due to prolonged absencefrom training without any intimation – Authority found that the probationerconstable has no interest in training, and no sense of responsibility, thus, hecannot prove himself a good, effi cient police offi cer – All the three courtsmisconstrued r. 12.21 and decreed the suit fi led by the probationer – Lookingto the contents of the discharge order, there is no foundation of misconductalleged in the order and it is an order of simpliciter discharge of a probationerconstable – Thus, the view taken by the High Court and also by the two courtsbelow that the discharge of probationer constable was illegal, is erroneous inlaw and is set-aside. [Paras 18 - 21] |
Judge | Hon'ble Mr. Justice J.K. Maheshwari |
Neutral Citation | 2023 INSC 798 |
Petitioner | The State Of Punjab And Others |
Respondent | Jaswant Singh |
SCR | [2023] 11 S.C.R. 822 |
Judgement Date | 2023-09-05 |
Case Number | 11871 |
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