HARI SINGH MANN versus THE STATE OF PUNJAB & ORS.

HARI SINGH MANN versus THE STATE OF PUNJAB & ORS.

Termination of appellant's service as a probationer for 'unfit to be appointed' does not attract Rule 9 of the Punjab Civil Service (Punishment & Appeal) Rules, 1952, as it is not a punishment nor a stigma, but a valid assessment of fitness at the time of confirmation.

Source-derived case information.

Parties
Appellant: Hari Singh Mann; Respondent: State of Punjab & Ors.
Jurisdiction
India
Judgment Date
20 August 1974
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Judgment Dated 5 November, 1969 of the Punjab & Haryana High Court in Civil Writ No. 309 of 1969
Outcome
Appeal dismissed
Legal Topics
Termination of Probationers, Punishment and Appeal Rules, Confirmation of Service
Service Law Administrative Law Termination of Probationers Punishment and Appeal Rules Confirmation of Service

Source-derived case record

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Parties

Hari Singh Mann

Appellant

State of Punjab & Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Judgment Dated 5 November, 1969 of the Punjab & Haryana High Court in Civil Writ No. 309 of 1969

Legal Issues

  1. 1 Whether the order of termination of the appellant's service as probationer violated Rule 9 of the Punjab Civil Service (Punishment & Appeal) Rules, 1952
  2. 2 Whether termination for 'unfitness' amounts to punishment attracting Rule 9

Ratio Decidendi

Termination of appellant's service as a probationer for 'unfit to be appointed' does not attract Rule 9 of the Punjab Civil Service (Punishment & Appeal) Rules, 1952, as it is not a punishment nor a stigma, but a valid assessment of fitness at the time of confirmation.

Court Disposition

Appeal dismissed

Orders

  • Parties will pay and bear their own costs