Probationer In Police Dept Can't Be Terminated On Grounds Of Misconduct Sans Inquiry Under Karnataka Civil Service (Probation) Rules: High Court
Live LawThe Karnataka High Court has said that a probationer in the Karnataka police department cannot be terminated on the grounds of misconduct without carrying out an inquiry under the Karnataka Civil Service Rules, 1977. Based on the said report, order was passed under Rule 6 of Karnataka Civil Service Rules, 1977, discharging the petitioner from service. Court findings: The court going through the rules said, "Rule makes it abundantly clear that at any time during the period of probation the appointing authority could discharge a probationer from service on account of his unsuitability for the service or post or on grounds arising out of conditions imposed by the Rules or in the order of appointment with the approval of the next higher authority, except when it is passed by the Government." The court then held, "Definitely the order of discharge is an order of discharge imputing serious allegations against the petitioner which are not proved in any enquiry as required under Rule 7 of '1977 Rules'.
History of this topic
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