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july 2005

Supreme Court of India · 2005-07-14

STATE OF PUNJAB vs SUKHWINDER SINGH

Citation / case number
SC 2001/9737
Court
Supreme Court of India
Petitioner
STATE OF PUNJAB
Respondent
SUKHWINDER SINGH
Author
G.P. Mathur
Bench
CJI R.C. LAHOTI,G.P. MATHUR,P.K. BALASUBRAMANYAN

Judgment text excerpt

The Supreme Court upheld the decision of the Punjab and Haryana High Court, affirming that the discharge of Sukhwinder Singh, a probationary police constable, was illegal under Rule 12.21 of the Punjab Police Rules. The Court emphasized that the discharge constituted a punishment for misconduct (absence from duty) without a formal inquiry, violating Rule 16.24(ix). The Court held that a probationer is entitled to an opportunity for a hearing before such punitive action is taken, thus reinstating the respondent with all service benefits.

STATE OF PUNJAB vs SUKHWINDER SINGH · Niyam