SUKHBANS SINGH versus STATE OF PUNJAB

SUKHBANS SINGH versus STATE OF PUNJAB

The reversion of the appellant was by way of punishment for misconduct, without complying with Article 311(2) of the Constitution. The government’s omission to give reasons did not make the action any less a punishment, and therefore the reversion was illegal.

Parties
Appellant: Sukhbans Singh; Respondent: State of Punjab
Jurisdiction
India
Judgment Date
06 April 1962
Procedural Posture
Civil Appeal / Supreme Court Appeal From Punjab High Court (division Bench) Judgment Under Certificate Under Art. 133(1)
Outcome
Appeal allowed
Legal Topics
Reversion of Probationer, Public Employment, Punishment for Misconduct, Compliance With Article 311(2)
Administrative Law Service Law Constitutional Law Reversion of Probationer Public Employment Punishment for Misconduct Compliance With Article 311(2)

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Parties

Sukhbans Singh

Appellant

State of Punjab

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From Punjab High Court (division Bench) Judgment Under Certificate Under Art. 133(1)

Legal Issues

  1. 1 Whether reversion of probationer was by way of punishment
  2. 2 Whether requirements of Article 311(2) of the Constitution were violated
  3. 3 Whether a probationer automatically acquires permanent status after completion of probation

Ratio Decidendi

The reversion of the appellant was by way of punishment for misconduct, without complying with Article 311(2) of the Constitution. The government’s omission to give reasons did not make the action any less a punishment, and therefore the reversion was illegal.

Court Disposition

Appeal allowed

Orders

  • Order quashing reversion of appellant dated May 28, 1952
  • Costs here and in the High Court to be paid by the Government