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IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
S.SUNIL DUTT YADAV, VIJAYKUMAR A.PATIL
Sayad Imamsab Chimmad, S/o. Imamsab Chimmad – Appellant
Versus
State Of Karnataka – Respondent
ORDER :
S.SUNIL DUTT YADAV, J.
The present petition has been filed by the applicant before the Karnataka State Administrative Tribunal, Belagavi Bench (for short, ‘Tribunal’) challenging the order dated 23.12.2022 passed by the Tribunal, whereby, challenge to the impugned order ‘discharging/terminating’ the applicant from service in terms of Rule 6(2) of the Karnataka Civil Services (Probation) Rules, 1977 [for short, ‘KCS (Probation) Rules’] came to be rejected. The Tribunal, after a detailed consideration, has rejected the application while upholding the order of ‘discharge/termination’ as being passed in terms of the power conferred under Rule 6(2) of the KCS (Probation) Rules.
2. The facts in brief are that the applicant who was appointed to the post of Armed Police Constable on 05.04.2017 pursuant to a Competitive Examination was posted to the Office of Commissioner of Police, Belagavi City. The applicant’s probation was not declared though other candidates who were appointed with him had the benefit of declaration of successful probation. The applicant's probation was further extended and during such period, a complaint was registered against the applicant alleging that he had a
Discharge of probationers under Rule 6(2) does not require a formal enquiry, and a mere mention of misconduct does not render the order stigmatic.
Where the form of the order is merely a camouflage for an order of dismissal for misconduct it is always open to the Court before which the order is challenged to go behind the form and ascertain the....
Discharge of a probationary judicial officer based on misconduct allegations without a proper inquiry violates constitutional protections, constituting punitive action and inflicting stigma.
A discharge order that is stigmatic and punitive in nature must be preceded by a proper inquiry and an opportunity for the employee to defend themselves, as mandated by principles of natural justice ....
The discharge of a probationer must comply with procedural requirements, and insufficient assessment of performance leads to implied confirmation, while discharge based on unsatisfactory work isn't p....
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