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20. In the present case neither any formal departmental
inquiry nor any preliminary fact-finding inquiry had been held
and a simple order of discharge had been passed. The High
Court has built an edifice on the basis of a statement made in
the written statement that the respondent was a habitual
absentee during his short period of service and has concluded
therefrom that it was his absence from duty that weighed in
the mind of Senior Superintendent of Police as absence from
duty is a misconduct. The High Court has further gone on to
hold that there is direct nexus between the order of discharge
of the respondent from service and his absence from duty and,
therefore, the order discharging him from service will be
viewed as punitive in nature calling for a regular inquiry under
Rule 16.24 of the Rules. We are of the opinion that the High
Court has gone completely wrong in drawing the inference
that the order of discharge dated 16-3-1990 was, in fact, based
upon the misconduct and was, therefore, punitive in nature,
which should have been preceded by a regular departmental
inquiry. There cannot be any doubt that the respondent was on
probation having been appointed about eight months back. As
observed in Ajit Singh v. State Of Punjab [AIR 1983 SC 494]
THE HIGH COURT OF MADHYA PRADESH
WA.1867.2018
[ The State of M.P. & Ors. Vs. Sakaram Chauhan]
the period of probation gives time and opportunity to the
employer to watch the work ability, efficiency, sincerity and
competence of the servant and if he is found not suitable for
the post, the master reserves a right to dispense with his
service without anything more during or at the end of the
prescribed period, which is styled as period of probation. The
mere holding of preliminary inquiry where explanation is
called from an employee would not make an otherwise
innocuous order of discharge or termination of service
punitive in nature. Therefore, the High Court was clearly in
error in holding that the respondent's absence from duty was
the foundation of the order, which necessitated an inquiry as
envisaged under Rule 16.24(ix) of the Rules."