VIGILANCE MANUAL VOLUME III - AP Online

266 DECISION - 53
A probationer cannot, after the expiry of probationary period,
automatically acquire the status of a permanent member of the service,
unless the Rules under which he is appointed expressly provide for
such a result. In the absence of any such Rules, where a probationer
is not reverted by the Government before the termination of his period
of probation, he continues to be a probationer, but acquires the
qualification for substantive permanent appointment. But, if reversion
to original post is effected by way of punishment for misconduct, it
would become necessary to comply with Art. 311(2) of Constitution.
Art. 311 makes no distinction between permanent and temporary posts
and extends its protection equally to all Government servants holding
permanent or temporary post or officiating in any of them. But the
protection of Art. 311 can be available only where dismissal, removal
or reduction in rank is sought to be inflicted by way of punishment and
not otherwise. One of the tests for determining whether the termination
of service is by way of punishment or otherwise is, whether under the
service Rules, but for such termination, the servant has a right to hold
the post. A probationer officiating in a higher post, who continues to
be such without being reverted after expiry of the period of probation
has no legal right to the higher post in which he is officiating. He still
continues to be a probationer and can be reverted to his original post
under the service Rules even without assigning any reason if his work
is found to be unsatisfactory. In such a case, the provisions of Art.
311(2) do not apply; but, if he is reverted to his original post by way of
punishment for misconduct, the provisions of Art. 311(2) become
applicable and the reversion made without complying with the provisions
of Art. 311(2) would be illegal.
(53)
(A) Inquiry Officer — conducting preliminary enquiry
Officer holding preliminary enquiry, not debarred
from conducting regular inquiry.
(B) Preliminary enquiry report
Charged Officer not entitled to copies of preliminary
enquiry report nor his correspondence.