Case Details the State of Punjab and Others vs Jaswant Singh

Court

Supreme Court of India

Date

5 September 2023

Case No.

Civil Appeal No. 11871 of 2014

Result

Allowed

Bench

J.K. Maheshwari, K.V. Viswanathan

Citation

[2023] 11 S.C.R. 822 : 2023 INSC 798

Issue for consideration

Issue arose as regards the justification of the discharge order of the probationer constable by the Superitendent of Police due to prolonged absence from training without any intimation. Service Law – Punjab Police Rules, 1934 – r. 12.21 – Discharge order of probationary constable u/r. 12.21 by Superitendent of Police owing to his prolonged absence from duty without any intimation – Legality of: Held: It is clear from r. 12.21 that in case a probationary constable is found unlikely to prove an efficient police officer, he may be discharged by the Senior Superintendent of Police-SSP at any time within three years from the date of enrolment – On facts, discharge order was passed on the recommendation of the supervisory authority due to prolonged absence from training without any intimation – Authority found that the probationer constable has no interest in training, and no sense of responsibility, thus, he cannot prove himself a good, efficient police officer – All the three courts misconstrued r. 12.21 and decreed the suit filed by the probationer – Looking to the contents of the discharge order, there is no foundation of misconduct alleged in the order and it is an order of simpliciter discharge of a probationer constable – Thus, the view taken by the High Court and also by the two courts below that the discharge of probationer constable was illegal, is erroneous in law and is set-aside. [Paras 18 - 21]

Headnote

LIST OF CITATIONS AND OTHER REFERENCES

Ratnesh Kumar Choudhary v. Indira Gandhi Institute of Medical Sciences, Patna, Bihar and Others, (2015) 15 SCC 151 : [2015] 10 SCR

717 – distinguished.

State of Punjab and Others v. Sukhwinder Singh (2005) 5 SCC 569 : [2005] 1 Suppl. SCR 580; State of Punjab and others v. Constable Avtar Singh (2008) 7 SCC 405; Amar Kumar v. State of Bihar and Others (2013)

4 PLJR 269; Sher Singh, Ex-Constable v. State of Haryana & Ors. 1994 SCC Online P&H 166; Superintendent of Police v. Dwarka Das (1979) 3 SCC 789 : [1979] 2 SCR 405; State of Punjab and Others v. Balbir Singh (2004) 11 SCC 743 : [2004] 4 Suppl. SCR 368; Ravindra Kumar Misra v. U.P. State Handloom Corporation Ltd. and Another (1987) Supp SCC 739 : [1988] SCR 501; Pavanendra Narayan Verma v. Sanjay Gandhi PGI of Medical Sci-ences and Another (2002) 1 SCC 520 : [2001] 5 Suppl. SCR

41 – referred to.

OTHER CASE DETAILS INCLUDING IMPUGNED

ORDER AND APPEARANCES

JUDGMENT / ORDER OF THE SUPREME COURT JUDGMENT J. K. MAHESHWARI, J. 1. In the present appeals, respondent Jaswant Singh was recruited as a constable with Punjab Police. During probation, he was discharged from the services by Senior Superintendent of Police, Amritsar (hereinafter referred to as “S.S.P.”) in exercise of power under Rule 12.21 of Punjab Police Rules, 1934 (hereinafter referred to as “PPR”). Challenging the same, the respondent-plaintiff filed a suit, which was partly decreed by the Trial Court and the discharge order was held to be illegal on the ground that it was passed in

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