MIR MOHAMMAD KHASIM versus UNION OF INDIA AND ORS.

MIR MOHAMMAD KHASIM versus UNION OF INDIA AND ORS.

Where the competent authority passes an order declaring successful completion of probation and relaxation under relevant rules, after prescribed tests are cleared, nothing else remains and the incumbent is deemed confirmed; denying consideration for Indian Police Service selection on grounds of non-confirmation was unreasonable.

Parties
Appellant: Mir Mohammad Khasim; Respondents: Union of India and Ors.; Respondent: U.P.S.C.
Jurisdiction
India
Judgment Date
26 March 2004
Procedural Posture
Civil Appeal / Appeal From Central Administrative Tribunal Order
Outcome
Appeal allowed
Legal Topics
Probation, Confirmation, Seniority, Relaxation of Rules, Promotion, Selection to Indian Police Service
Service Law Probation Confirmation Seniority Relaxation of Rules Promotion Selection to Indian Police Service

Case Brief

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Parties

Mir Mohammad Khasim

Appellant

Union of India and Ors.

Respondents

U.P.S.C.

Respondent

Procedural Posture

Civil Appeal / Appeal From Central Administrative Tribunal Order

Legal Issues

  1. 1 Whether the appellant ought to be deemed confirmed after successful completion of probation and passing prescribed tests; Whether denial of selection to Indian Police Service in 1989 on ground of non-confirmation was justified

Ratio Decidendi

Where the competent authority passes an order declaring successful completion of probation and relaxation under relevant rules, after prescribed tests are cleared, nothing else remains and the incumbent is deemed confirmed; denying consideration for Indian Police Service selection on grounds of non-confirmation was unreasonable.

Court Disposition

Appeal allowed

Orders

  • Order of Central Administrative Tribunal set aside.
  • Respondents directed to consider appellant for selection to Indian Police Service for year 1989.