Probationer can be terminated by ‘discharge simpliciter’: SC

Probationer can be terminated by 'discharge simpliciter': SC

Supreme Court in State of Punjab vs. Jaswant Singh [Civil Appeal No. 11871 of 2014]on September 5, 2023, observed that the employer action of terminating the employment of probationer as ‘discharge simpliciter’ stands justified since the foundation of discharge is not on any serious allegation or act of misconduct, but the discharge order was passed on the recommendation of the supervisory authority who found that the probationer constable has no interest in training, and no sense of responsibility, hence, he cannot prove himself a good, efficient police officer. The Supreme Court dismissed the contentions of the opposite counsel (representing the probationer constable) holding that the discharge order cannot be said to be punitive or stigmatic.

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