STATE OF PUNJAB versus DHARAM SINGH

STATE OF PUNJAB versus DHARAM SINGH

When the maximum period of probation prescribed by the service rules expires, and the employee is allowed to continue in the post without an express order of confirmation, he must be deemed to have been confirmed in the post by implication. Any subsequent termination amounts to removal and cannot be made without following the procedure under Article 311 and the relevant service rules.

Parties
Appellant: State of Punjab; Respondent: Dharam Singh
Jurisdiction
India
Judgment Date
02 February 1968
Procedural Posture
Civil Appeal / Appeal by Special Leave From Punjab High Court Judgments
Outcome
Appeals dismissed
Legal Topics
Probation and Confirmation, Removal From Service, Departmental Enquiry, Article 311, Service Rules Interpretation
Constitutional Law Service Law Probation and Confirmation Removal From Service Departmental Enquiry Article 311 Service Rules Interpretation

Case Brief

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Parties

State of Punjab

Appellant

Dharam Singh

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Punjab High Court Judgments

Legal Issues

  1. 1 When does probation against a permanent post amount to confirmation under service rules?
  2. 2 Whether termination of services amounts to removal from service requiring procedural safeguards

Ratio Decidendi

When the maximum period of probation prescribed by the service rules expires, and the employee is allowed to continue in the post without an express order of confirmation, he must be deemed to have been confirmed in the post by implication. Any subsequent termination amounts to removal and cannot be made without following the procedure under Article 311 and the relevant service rules.

Court Disposition

Appeals dismissed

Orders

  • Impugned termination orders set aside
  • Respondents deemed confirmed