BISHAN LAL GUPTA versus STATE OF HARYANA AND ORS.
Termination of the probationer’s service, arrived at after inquiry for suitability and not intended as punishment, does not attract Article 311, and does not warrant interference under Article 136 merely on technical pleas absent patent injustice.
- Parties
- Petitioner: Bishan Lal Gupta; Respondents: State of Haryana and Ors.
- Jurisdiction
- India
- Judgment Date
- 12 January 1978
- Procedural Posture
- Special Leave Petition (civil) / Petition for Special Leave to Appeal Dismissed
- Outcome
- Petition dismissed
- Legal Topics
- Article 136 – Supreme Court Special Leave Jurisdiction, Article 311 – Civil Services Protection, Probationary Service Termination, Nature of Inquiry – Probationer Vs. Confirmed Government Servant, Punishment Vs. Termination Simpliciter
Case Brief
Summary, issues, holding and outcome
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Parties
Bishan Lal Gupta
Petitioner
State of Haryana and Ors.
Respondents
Procedural Posture
Special Leave Petition (civil) / Petition for Special Leave to Appeal Dismissed
Legal Issues
- 1 Whether the inquiry into a probationer's suitability amounts to 'punishment' under Article 311
- 2 Whether a probationer is entitled to a fuller departmental inquiry before termination
- 3 Scope of interference by Supreme Court under Article 136 on technical pleas
Ratio Decidendi
Termination of the probationer’s service, arrived at after inquiry for suitability and not intended as punishment, does not attract Article 311, and does not warrant interference under Article 136 merely on technical pleas absent patent injustice.
Court Disposition
Petition dismissed
Orders
- Special leave petition is dismissed; no interference warranted.
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