VIGILANCE MANUAL VOLUME III - AP Online

DECISION - 39
247
Where under the rules governing a public servant holding a
post on probation, an order terminating the probation is to be preceded
by a notice to show cause why his services should not be terminated
and a notice is issued asking the public servant to show cause whether
probation should be continued or the officer should be discharged
from service, the order discharging him cannot be said to amount to
dismissal involving punishment. Undoubtedly, the Government may
hold a formal enquiry against the probationer on charges of
misconduct, with a view to dismiss him from service and if an order
terminating his employment is made in such an enquiry without giving
him reasonable opportunity to show cause against the action
proposed to be taken against him within the meaning of Art. 311(2)
of Constitution the order would undoubtedly be invalid.
(39)
(A) Court jurisdiction
(B) Service Rules — justiciable
Breach of Rules governing provisions of disciplinary
proceedings is justiciable.
State of Uttar Pradesh vs. Babu Ram Upadhya,
AIR 1961 SC 751
The respondent joined the Uttar Pradesh Police as Sub-
Inspector in 1948. On 6-9-53, he was returning from an investigation
of theft, accompanied by one Lalji. They saw one Tikaram moving
suspiciously. The respondent searched him and found him carrying
a bundle of currency notes. He counted them and handed over to
Lalji for returning to Tikaram. Tikaram on reaching home found that
the notes were short by Rs.250. He complained to the Superintendent
of Police on 9-9-53, who made enquiries and issued notice to the
respondent. The latter filed his reply on 3-10-53. The Deputy
Inspector General of Police ordered the Superintendent of Police to
hold an enquiry under section 7 of the Police Act. The respondent
was charged with misappropriation of Rs.250 of Tikaram and after
departmental enquiry found guilty. The Superintendent of Police