VidhiSangh

Supreme Court of India · 05/09/2023

THE STATE OF PUNJAB AND OTHERS versus JASWANT SINGH

[2023] 11 S.C.R. 822 · 2023 INSC 798

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Summary

The Court upheld the discharge of a probationary police constable assessed as unlikely to become an efficient officer after prolonged absence from training without intimation. On the facts, the order reflected suitability assessment rather than punishment founded on misconduct. The lower courts had therefore wrongly required a disciplinary hearing and granted service benefits.

Issues

  1. Whether the probationer’s discharge was simpliciter for unsuitability or punitive for misconduct.
  2. Whether the discharge under the applicable police rule required a regular disciplinary inquiry.

Provisions considered

Held

Result

State appeals allowed. High Court and both subordinate courts’ judgments and decrees set aside; constable’s suit dismissed. No costs.

Judgment PDF: Supreme Court of India, [2023] 11 S.C.R. 822.