STATE OF PUNJAB AND ORS. versus RAJESH KUMAR

STATE OF PUNJAB AND ORS. versus RAJESH KUMAR

Discharge of the respondent under Rule 12.21 during probation was not punitive and did not require opportunity of hearing; departmental enquiry not required for such discharge.

Parties
Appellant: State of Punjab and Ors.; Respondent: Rajesh Kumar
Jurisdiction
India
Judgment Date
20 November 2006
Procedural Posture
Civil Appeal / Appeal From High Court
Outcome
Appeal allowed; orders of all lower courts including High Court set aside.
Legal Topics
Probationary Employment, Discharge of Police Constables, Principles of Natural Justice, Opportunity of Hearing
Service Law Administrative Law Probationary Employment Discharge of Police Constables Principles of Natural Justice Opportunity of Hearing

Case Brief

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Parties

State of Punjab and Ors.

Appellant

Rajesh Kumar

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court

Legal Issues

  1. 1 Whether discharge of a police constable under Rule 12.21 of Punjab Police Rules is punitive in nature and requires opportunity of hearing
  2. 2 Whether order of discharge for unauthorized absenteeism is subject to departmental enquiry

Ratio Decidendi

Discharge of the respondent under Rule 12.21 during probation was not punitive and did not require opportunity of hearing; departmental enquiry not required for such discharge.

Court Disposition

Appeal allowed; orders of all lower courts including High Court set aside.

Orders

  • Orders passed by all courts below, including High Court, are set aside.
  • No costs.