Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Status No automatic confirmation state service Reversion to the original post Probationer |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | State Service—Probationer—Status—No automatic confirmation—Reversion to the original post by way of punishment for misconduct—Validity—Constitution of India, Art. 311(2)—Punjab Civil Service (Executive Branch) Rules, 19380, rr.5,17,22,28, 24—Government of India Act, 1919 (9 and 10 Geo. 6, ch. 101), S. 96-B.The appellant was recruited as a Tehsildar in 1936 and as being selected by the Punjab Public Services Commission, he was appointed as an Extra Assistant Commissioner on probation in 1945. Later he was charge-sheeted and an enquiry was held against him as a result of which his increment was stopped for one year. Without holding any enquiry against him he was reverted to the post of a Tehsildar in 1952 and then informed that he was not free from communalism or intrigue and was also in the habit of indulging in loose talk. Despite demand by him the Government refused to furnish the appellant with the grounds of his reversion. A representation and later a memorial addressed to the Government against his reversion were both rejected. Eventually he filed a writ petition in the Punjab High Court under Art. 226 of the Constitution which was granted by a single Judge of the High Court on the ground that the reversion of the appellant was by way of punishment and there was violation of provisions of Art. 311 of the Constitution. His decision was however reversed in appeal under the Letters Patent.Held that the Only reasonable inference possible was that the Government in fact wanted to punish the appellant for what it thought was misconduct on his part and, therefore, it reverted him. The omission to give reasons for his reversion did not make the action any the less a punishment. The action of the Government was malafide and as the provisions of Art, 311(2) were not complied with, the reversion of the appellant was illegal.Article 311 makes no distinction between permanent and temporary Government servants and extends its protection equally to all Government servants, but its the protection will be available only where the dismissal, removal or reduction in rank is made by way of punishment and not otherwise. A probationer cannot automatically acquire the status of a permanent member of the service unless the rules under which he is appointed expressly provide for such a result, The rules governing the Public Civil Servants of Punjab do not contain any provision whereby a probationer at the end of the probationary period is automatically absorbed as a permanent member of the Civil Service. Where a probationer is not reverted by the Government before the termination of his period of probation, he continues’ to be a probationer but he acquires the qualification for substantive permanent appointment, The very fact that a person is a probationer implies that he has to prove his worth, his suitability for the higher post in which he is officiating. If his work is not found to be satisfactory, he is liable to be reverted to his original post even without assigning any reasons. A probationer has no right to hold the higher post in which he is officiating or a right to be confirmed. |
Judge | Hon'ble Mr. Justice J.R. Mudholkar |
Neutral Citation | 1962 INSC 125 |
Petitioner | Sukhbans Singh |
Respondent | State Of Punjab |
SCR | [1963] 1 S.C.R. 416 |
Judgement Date | 1962-04-06 |
Case Number | 412 |
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