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.