Shamsher Singh & Anr vs State Of Punjab on 23 August, 1974
21. In the rejoinder, the applicant had set up a contention that Rule 11(2)
of the Indian Police Service (Probation) Rules, 1954, All India Service
(Conduct) Rules 1968 and All India Services (Discipline and Appeal)
Rules, 1969 apply to the applicant, being a probationer. As per Rule 11(3)
of IPS (Probation) Rules, 1954, a probationer shall be liable to be removed
or dismissed from service, if he failed to obey any order which he may
receive from the Central Government or from any other competent
authority or if in the opinion of Central Government he has willfully
neglected his probationary studies or duties or is guilty of misconduct,
O.A 775 of 2019
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unbecoming of a member of service. It provided that before any action was
taken against the probationer, Rule 8 of All India Services (Discipline and
Appeal) Rules, 1969 shall be followed. Before final orders are passed
against a probationer, the Commission shall be consulted. Referring to the
decision of the Hon'ble Supreme Court in Shamsher Singh and another v
The State of Punjab [AIR 1974 SC 2192], the applicant contended that
when an order of discharge is based on an inquiry to specific allegations of
misconduct, inefficiency or corruption and the like in contradiction to a
general inquiry which may be conducted by the authority with a view to
satisfy itself whether on account of inadequacy for a job for any other
temperamental or other failing, not involving moral turpitude, the
petitioner is unsuitable for the job. The order of discharge, though innocent
on its face, shall amount to an order of punishment as to attract Article
311(2) of the Constitution of India. According to the applicant, the order of
discharge should form the category of punishment and the applicant was
not afforded reasonable opportunity to defend himself as provided in Rule
11(3) Indian Police Service (Probation) Rules, 1954 or Rule 8 of All India
Service (Discipline & Appeal) Rules, 1969, or Article 311 of the
Constitution of India.