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Supreme Court of India 2023-09-05 allowed

THE STATE OF PUNJAB AND OTHERS vs JASWANT SINGH

Bench: 2 — J.K. Maheshwari, K.V. Viswanathan

In Brief

Jaswant Singh was appointed as a probationary constable in Punjab Police but was discharged under Rule 12.21 of the Punjab Police Rules for prolonged absence from training without intimation. The lower courts held the discharge illegal as violating principles of natural justice. The Supreme Court allowed the State's appeal, holding that a discharge of a probationer on grounds of unsuitability (not misconduct) is a "simpliciter" termination not requiring formal departmental inquiry. The Court emphasized that the test is whether the termination aims to assess suitability or to punish misconduct; here, it was purely an assessment of unfitness. The discharge order was valid and the suit was dismissed.

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Administrative Law Service Law Police Personnel Probation Natural Justice Termination of Service Discharge of Probationer Punitive vs. Simpliciter Termination Constitution of India - Article 311 Procedural Due Process

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