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"19. 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 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 and others etc. vs. State of Punjab and
another (supra) 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.