Supreme Court of India · 1962-04-06
SUKHBANS SINGH vs STATE OF PUNJAB
- Citation / case number
- SC 1960/121
- Court
- Supreme Court of India
- Petitioner
- SUKHBANS SINGH
- Respondent
- STATE OF PUNJAB
- Bench
- SINHA, BHUVNESHWAR P.(CJ),SUBBARAO, K.,AYYANGAR, N. RAJAGOPALA,MUDHOLKAR, J.R.,AIYYAR, T.L. VENKATARAMA
Judgment text excerpt
The Supreme Court held that the reversion of a probationary government servant to a lower post without an inquiry constituted punishment under Article 311(2) of the Constitution of India, rendering the action illegal. The Court emphasized that Article 311(2) protects all government servants from punitive actions without due process, regardless of their status as permanent or temporary. It was determined that the rules governing the Punjab Civil Service do not provide for automatic confirmation of probationers, and thus, a probationer can be reverted without reasons if their performance is unsatisfactory.