Punjab-Haryana High Court
Navjot Sidhu vs Punjab Water Resources Management And ... on 21 January, 2026
CWP-1380-2026 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
125
CWP-1380-2026 (O&M)
Date of decision: 21.01.2026
Navjot Sidhu
....Petitioner
Versus
Punjab Water Resources Management and Development Corporation
and another
....Respondents
CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR
Present: Mr. R.K. Arora, Sr. Advocate
with Mr. Prabhat K. Jalbera, Advocate
for the petitioner.
HARPREET SINGH BRAR J. (Oral)
1. Prayer in this writ petition filed under Articles 226/227 of the Constitution of India, is for issuance of a writ in the nature of certiorari, for quashing the impugned order dated 16.05.2025 (Annexure P-7), whereby the probation period of the petitioner has been extended for another period of one year and her annual increment on completion of one year as Divisional Engineer has been withheld and for quashing the order dated 13.09.2025 (Annexure P-10), whereby the punishment of stoppage of one increment has been imposed upon the petitioner without considering her reply. Further prayer has been made to direct respondent No.2 to decide the appeal of the petitioner dated 1 of 8 ::: Downloaded on - 23-01-2026 08:12:43 ::: CWP-1380-2026 2 19.11.2025 (Annexure P-11) against the afore-mentioned punishment order dated 13.09.2025 (Annexure P-10) forthwith and grant all consequential benefits together with interest to the petitioner. Another prayer has been made to direct the respondents to release the withheld increment of the petitioner on completion of one year service as Divisional Engineer and also pass appropriate order regarding satisfactorily completion of her probation period fixed in the Promotion Order dated 06.02.2024 (Annexure P-2) and grant all consequential benefits with interest to the petitioner. Further prayer has been made to restrain the respondents from taking any coercive step/proceedings regarding reversion of the petitioner on the basis of subsequent illegal show cause notices/explanations/charge-sheets which have been issued just to make a ground for depriving the petitioner's confirmation during the next one year and for proceeding against her in terms of provisions of Rule 7.3 of Punjab Civil Services (General and Common Conditions of Service) Rules, 1994.
2. Learned Senior counsel for the petitioner, inter alia, contends that the petitioner joined the respondent/Corporation on 21.12.2016 as Sub- Divisional Engineer (Annexure P-1). She was promoted to the post of Divisional Engineer on 06.02.2024, subject to a one-year probation period (Annexure P-2), and joined the said post on 07.02.2024. During the period of probation, her Annual Confidential Reports were assessed as 'Very Good'. She performed her duties diligently and no major disciplinary proceedings were initiated against 2 of 8 ::: Downloaded on - 23-01-2026 08:12:44 ::: CWP-1380-2026 3 her. Only a minor show cause notice dated 09.09.2024 (Annexure P-3) was issued to the petitioner for alleged discrepancy in progress report, which was later dropped on 25.03.2025 (Annexure P-4). During this period, she was also given additional charge of the Operation and Management Division on 12.06.2024 (Annexure P-5) and again, after completion of probation on 17.02.2025 (AnnexureP-6), showing her satisfactory performance. Despite this, the respondent/Corporation extended her probation for another period of one year vide order dated 16.05.2025 (Annexure P-7) under Rule 7.3 of the Punjab Civil Services (General and Common Conditions of Service) Rules, 1994, without assigning any reason or pointing out any deficiency and her annual increment due in February, 2025 was also withheld. Subsequently, a show cause notice dated 02.04.2025 (Annexure P-8) was issued for alleged delay in sending monthly accounts. In reply, the petitioner submitted her detailed reply on 05.05.2025 (Annexure P-9), but the respondent/Corporation imposed the punishment of stoppage of one increment upon the petitioner on 13.09.2025 (Annexure P-10) without considering her explanation. The petitioner has already filed an appeal dated 19.11.2025 (Annexure P-11) before the competent authority, but no decision has been taken till date.
3. Learned Senior counsel for the petitioner further submits that while extending the probation period of the petitioner vide the impugned order dated 16.05.2025 (Annexure P-7), no reasons have been assigned. The impugned order (Annexure P-7) neither commented upon 3 of 8 ::: Downloaded on - 23-01-2026 08:12:44 ::: CWP-1380-2026 4 the performance of the petitioner nor it has been recorded that her performance was unsatisfactory. On the contrary, the Annual Confidential Reports (ACRs) of the petitioner indicate that her performance throughout the period was consistently assessed as 'Very Good'.
4. In support of his arguments, learned Senior counsel for the petitioner has relied upon Rule 7 of Punjab Civil Services (General and Common Conditions of Service) Rules, 1994 and submits that the probation period of an employee may only be extended if, in the opinion of the appointing authority, the work or conduct of the employee during probation is not satisfactory or if the employee has failed to pass any departmental examination, if prescribed. On completion of the probation period, the authority is required to either confirm the employee or in case of unsatisfactory performance, take appropriate action, which may include extension of probation for a specific period, provided that the total period of probation, including any extension, shall not exceed the maximum limit prescribed under the Rules, which is three years for those appointed otherwise and four years for direct appointees.
5. Having heard learned Senior counsel for the petitioner and after perusing the record of the case with his able assistance, the present petition is being decided in limine without issuing notice to the respondents in order to save judicial time of the Court and also the litigation costs of the respondents.
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6. In the present case, the probation period of the petitioner as Sub-Divisional Engineer was initially fixed for a period of one year, commencing from 07.02.2024 (Annexure P-2), and she has consistently received 'Very Good' assessments in her Annual Confidential Reports during the probation period. The petitioner has also been entrusted with additional responsibilities, which she performed satisfactorily, including the additional charge of the Operation and Management Division on 12.06.2024 (Annexure P-5) and again, after completion of probation on 17.02.2025 (Annexure P-6). Despite this, the respondents have extended her probation for a period of another year vide impugned order dated 16.05.2025 (Annexure P-7) without assigning any reasons or pointing out any deficiency in her performance. Similarly, the order of stoppage of one increment dated 13.09.2025 (Annexure P-10) has been passed without considering her detailed explanation submitted in response to the show cause notice dated 02.04.2025 (Annexure P-8), to which she replied on 05.05.2025 (Annexure P-9). There is no material available on record to suggest that the work or conduct of the petitioner during her probation period was unsatisfactory, nor has she failed any departmental examination.
7. For a ready reference, it would be appropriate to reproduce Rule 7 of Punjab Civil Services (General and Common Conditions of Service) Rules, 1994, which reads as follows:-
7. Probation:- (1) A person appointed to any post in the service shall remain on probation for a period of two 5 of 8 ::: Downloaded on - 23-01-2026 08:12:44 ::: CWP-1380-2026 6 years, if recruited by direct appointment and one year, if appointed otherwise: Provided that--
(a) Any period after such appointment spent on deputation on a corresponding or a higher post shall count towards the period of probation;
(b) In the case of appointment by transfer, any period of work on an equivalent or higher post prior to appointment to the service, may in the discretion of the appointing authority is allowed to count towards the period of probation;
(c) Any period of officiating appointment to the service shall be reckoned as period spent on probation; and
(d) any kind of leave not exceeding six months during or at the end of period of probation, shall be counted towards thee period of probation. (2) If, in the opinion of the appointing authority, the work or conduct of a person during the period of probation is not satisfactory or if he has failed to pass the departmental examination, if any prescribed in Service Rules within a period not exceeding two and a half years from the date of appointment, it may, -
(a) if such person is recruited by direct appointment dispense with his service, or revert him to a post on which he held lien prior to his appointment to the service by direct appointment; and
(b) if such person is appointed otherwise:
(i) revert him to his former post; or
(ii) deal with him in such other manner as the terms and conditions of the previous appointment permit.
6 of 8 ::: Downloaded on - 23-01-2026 08:12:44 ::: CWP-1380-2026 7 (3) On the completion of the period of probation of a person, the appointing authority may -
(a) if the work and conduct has in its opinion been satisfactory-
(i) confirm such person, from that date of his appointment or from the date he completes his period of probation satisfactorily if, he is not already confirmed; or
(ii) declare that he has completed his probation satisfactorily if, he is already confirmed; or
(b) if his work and conduct has not been in its opinion satisfactory, if he has failed to pass the Departmental examination, if any, specified in the Service Rules-
(i) dispense with his service if appointed by direct appointment, or if appointed otherwise revert him to his former post, or deal with him in such other manner as the time and conditions of his previous appointment may permit; or
(ii) extend his period of probation and thereafter pass such order as it could have passed on the expiry of the period of probation as specified in sub-rule (1):
Provided that the total period of probation including extension, if any, shall not exceed four years, if recruited by direct appointment and three years if appointed otherwise.
8. Rule 7(3)(b)(ii) of the Punjab Civil Services (General and Common Conditions of Service) Rules, 1994, empowers the appointing authority to extend the probation of an employee if, in its opinion, the work or conduct of the employee during probation is not satisfactory, and thereafter, pass such order as it could have passed on the expiry of the probation period. The rule, however, clearly mandates that such
7 of 8 ::: Downloaded on - 23-01-2026 08:12:44 ::: CWP-1380-2026 8 extension can only be made if there is some deficiency or unsatisfactory performance, and the total period of probation, including any extension, shall not exceed three years for those appointed otherwise.
9. As noted above, there is no material on record indicating that the petitioner's performance was unsatisfactory during her probation period. The impugned order dated 16.05.2025 (Annexure P-7) extending her probation period has been passed without assigning any reasons or applying mind to the performance record of the petitioner, and thus, the same is arbitrary, illegal and contrary to the provisions of Rule 7 of the Punjab Civil Services (General and Common Conditions of Service) Rules, 1994.
10. In view of the above, the writ petition is allowed. The impugned order dated 16.05.2025 (Annexure P-7) is set-aside and the respondents are directed to pass afresh order after following the drill of Rule 7 of the Punjab Civil Services (General and Common Conditions of Service) Rules, 1994. The respondents are further directed to decide the pending appeal dated 19.11.2025 (Annexure P-11) filed by the petitioner by providing due opportunity of hearing to the petitioner, within a period of three months from the date of receipt of a certified copy of this order.
(HARPREET SINGH BRAR)
JUDGE
21.01.2026
yakub Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
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