MUKESH KUMAR BADONI versus STATE OF PUNJAB AND ORS.

MUKESH KUMAR BADONI versus STATE OF PUNJAB AND ORS.

The appellant did not possess the requisite qualification and there was no express approval of his appointment by the competent authority. Therefore, his termination within the period of probation was justified and not fit for interference under Article 136 of the Constitution.

Parties
Appellant: Mukesh Kumar Badoni; Respondents: State of Punjab and Ors.
Jurisdiction
India
Judgment Date
04 March 2008
Procedural Posture
Civil Appeal / Appeal Against Dismissal of Writ Petition by High Court
Outcome
Appeal dismissed
Legal Topics
Termination of Probationary Service, Qualifications for Appointment, Approval by Competent Authority, Jurisdiction Under Article 136
Service Law Constitutional Law Termination of Probationary Service Qualifications for Appointment Approval by Competent Authority Jurisdiction Under Article 136

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Mukesh Kumar Badoni

Appellant

State of Punjab and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal Against Dismissal of Writ Petition by High Court

Legal Issues

  1. 1 Whether termination of appellant's probationary service was justified due to lack of requisite qualification and non-approval by competent authority
  2. 2 Whether the High Court's dismissal of the writ petition warrants interference by the Supreme Court under Article 136 of the Constitution

Ratio Decidendi

The appellant did not possess the requisite qualification and there was no express approval of his appointment by the competent authority. Therefore, his termination within the period of probation was justified and not fit for interference under Article 136 of the Constitution.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs