Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Entire Act]

State of Assam - Section

Section 15 in Assam Judicial Service Rules, 2003

15. Probation and Officiation.

(1)All appointments to the service by direct recruitment shall be on probation for a period of two years.
(2)All appointments by promotion shall be officiating basis for a period of two years.
(3)The period of probation or officiation, as the case may be, for reasons to be recorded in writing, may be extended by the appointing authority by such period not exceeding thee period of probation or officiation, as thee case may be, specified in sub-rules (1) or (2).
(4)At the end of thee period of probation or officiation or the extended period of probation or officiation, as the case may be, the appointing authority shall consider the suitability of the person so appointed or promoted to hold the post to which he was appointed or promoted, and-
(i)if it decides that he is suitable to hold the post to which he was appointed and has passed the special examinations or tests, if any, required to be passed during the period of probation or officiation, as the case may be, it shall, as soon as possible, issue an order declaring him to have satisfactorily completed the period of probation or officiation, as the case may be; and such an order shall have effect from the date of expiry of the period of probation or officiation, including extended period, if any, as the case may be.
(ii)if the appointing authority considers that the person is not suitable to hold the post to which he was appointed or promoted, as the case may be, shall by order-
(a)if he is a promotee, revert him to the post which he held prior to his promotion.
(b)if he is a probationer, discharge him from service;
(5)A person shall not be considered to have satisfactorily completed the period of probation or officiation, as the case may be, unless a specific order to that effect is passed. Any delay in passing such an order shall not entitle the person to be deemed to have satisfactorily completed the period of officiation or probation.Discharge of a probationer during the period of probation.i. Notwithstanding anything here-in-above, the appointing authority may, at any time during the period of probation, discharge from services, a probationer on account of his unsuitability for the service.ii. An order under sub-rule (1) shall indicate the grounds for the discharge but no disciplinary enquiry shall be necessary.Appeal.No appeal shall lie against an order discharging a probationer or an order reverting a promotee to the post held by him prior to his promotion.Confirmation.A probationer who has been declared to have satisfactorily completed his period of officiation shall be confirmed as a full member of the service in the category of post to which he was appointed or promoted, as the case may be, at the earliest opportunity in any substantive vacancy, which may exist or arise.Increment during the period of probation or officiation
(a)A probationer or promotee may draw the increments that fall due during the period of probation or officiation. He shall not however, draw any increment after the expiry of the period of probation or officiation unless and until he is declared to have satisfactorily completed his probation or officiation, as the case may be.
(b)When a probationer or promotee is declared to have satisfactorily completed his probation or officiation, as the case may be, he shall draw, as from the date such order takes effect, the pay he would have drawn had he been allowed the increments for the whole of his service from the date of his appointment on probation or officiation as the case may be.
Notwithstanding anything contained in sub-rules (1) and (2) where validity of the appointment of any person-
(a)as probationer is questioned in any legal proceedings before a Court of law, the period of probation of such person shall continue until the final disposal of such proceedings.
(b)as a promotee on officiating basis is questioned in any legal proceeding, before a Court of law, the period of officiation of such promotee shall continue until the final disposal of such proceedings.