Case: Hari Singh Mann Vs. State of Punjab &amp; Others

2. The appellant was selected by the Public Service Commission as a direct recruit in May, 1965. He was appointed on 26 May, 1965. He joined as probationer. The period of probation was two years.

Court's reasoning:
6. Under the aforesaid (Police Service) Rule 8 (b) proviso, the Government could extend the period of probation by not more than one year. The appellant was appointed on 20 May, 1965 on two years probation. On 1 July, 1967, there was an order extending the period of probation by one year. On 20 May, 1968, there was an order terminating the services of the petitioner. On 20 July, 1968 there was an order revoking the order of termination and extending the period of probation for six months from 20 May, 1968. The order of termination was (passed) onThe appellant was on leave from 20 May, 1968 to 2 August, 1968. The Government excluded the period of leave from the period of probation.7. The object of extending the period of probation is to find out whether the appellant was a fit person. The appellant could not be confirmed till the period of probation to find out the fitness of the appellant expired. It cannot therefore be held that the appellant stood confirmed onNovember, 1968 before the period of probation expired in January, 1969.If (Punishment) Rule 9 applies the services of the appellant could not be terminated without complying with the provisions thereof.Termination on account of unsatisfactory record will attract R. 9 of the Punishment Rules. It is obvious that at the time of confirmation fitness is a matter to be considered. The order terminating the services is unfitness for appointment at the time of confirmation, it is not passed on the ground of any turpitude like misconduct or inefficiency. To hold that the words "unfit to be appointed" are a stigma would rob the authorities of the power to judge fitness for work or suitability to the post at the time of confirmation. Termination of services on account of inadequacy for the job or for any temperamental or other defect not involving moral turpitude is not a stigma which can be called discharge by punishment. Fitness for the job is one of the most important reasons for confirmation. The facts and circumstance do not show that there is any stigma attached to the order of termination.