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G. S. SANDHAWALIA, LAPITA BANERJI
Abhinav Kiran Sekhon – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Ms. Lapita Banerji, J.
Under challenge in the present writ petition is, inter alia, an order dated April 09, 2021 (Annexure P-1) passed by Additional Chief Secretary to Government of Punjab, Department of Home Affairs and Justice, by which service of the petitioner was dispensed with being unsatisfactory, under Rule 7 (2) of Part-D of Punjab Civil Services (Judicial Branch) Rules, 1951. The impugned order was passed pursuant to a recommendation passed by the Full Court of this Court, communicated through the Registrar General on December 15, 2020. Rule 7 of the 1951 Rules is reproduced, at the very outset, for complete appreciation of the case. Rule 7 reads as under :
The maximum period of probation does not confer a right to confirmation; unsatisfactory performance justifies termination without a disciplinary hearing.
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....
It is a well settled position of law that in respect of an order of termination of service simplicitor, it is not a stigmatic one.
Discharge of probationers is considered punitive when based on allegations of misconduct, requiring a proper inquiry under Article 311(2) of the Constitution.
The main legal point established in the judgment is that under Rule 10(A) of the Gujarat Civil Services (Classification and Recruitment) General Rules, 1967, the petitioner's services should be treat....
(1) Discharge from Post of Judicial Officer – Non-communication of ACRs to appellant is arbitrary.(2) Discharge from Post of Judicial Officer – When Government had, on enquiry, come to conclusion tha....
Judicial Review - The power of judicial review available to the High Court as also to this Court under the Constitution takes in its stride the domestic enquiry as well and it can interfere with the ....
The main legal point established in the judgment is the distinction between termination simpliciter and punitive termination based on the nature of the inquiry and the purpose of the termination.
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