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1980 Supreme(P&H) 387

S.S.SANDHAWALIA, D.S.TEWATIA, S.S.KANG
Raj Kumar – Appellant
Versus
State Of Punjab – Respondent


JudgmentJudgment

D.S.TEWATIA, J.

1. Whether a Head Constable, whose name is borne on List D, as envisaged by Rule 13.9 of the Punjab Police Rules, 1934, hereinafter referred to as the Rules, when promoted to the next rank of Assistant Sub-Inspector of Police, hereinafter referred to as the A. S. I. in a regular vacancy against a permanent post, is deemed to be on probation from the date of such promotion or an express order has to be passed for putting such an official on probation and till such time that is done, he continues to officiate on that post, is the legal question of some significance that falls for determination in this writ petition.

2. This petition in the first instance came up for hearing before the Division Bench comprised of my learned brother S. S. Kang, J. and myself. We referred the matter for the decision of the larger Bench by formulating the aforesaid question for the opinion of the larger Bench, that is how this matter is before the larger Bench.

3. The material facts bearing upon the determination of the question aforesaid, and the relief that has been sought by the petitioner, and which are not in dispute, can be stated thus:

4. The petitioner was confirme































































































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