probation Archives

“Deemed confirmation concept has long been discarded”: Punjab and Haryana HC rejects plea of Civil Judge, dismissed after probation due to ‘doubtful integrity’

‘Deemed confirmation is a perilous concept in service jurisprudence which has long been discarded since it erodes the power of the employer to assess work, conduct, and behaviour of the probationer.’

Case Briefs Supreme Court

‘Non-disclosure of past government service can’t be a ground for discharge’: Supreme Court reinstates woman Civil Judge

Supreme Court emphasised on the necessity of women’s participation in the judiciary and said that country will greatly benefit from a judicial force that is competent, committed and most importantly, diverse.

Case Briefs High Courts

‘College founded on Mahatma Gandhi’s teachings to treat their employees without any exploitation’; Bombay HC confirms appointment of teacher on probation for nearly 7 years

Clause 11.3 of the UGC Regulations, 2018 castes an obligation on the institution concerned to issue a confirmation order to the incumbent within 45 days of completion of the probation period after following the due process of verification of satisfactory performance.

Case Briefs High Courts

‘Consideration of PO Act is right of accused and duty of Courts’; Gauhati HC grants benefit under PO Act to Headmaster & his son convicted of assaulting student’s mother

“The Probation of Offenders Act, 1958 was a milestone in the progress of the modern liberal trend of reform in the field of Penology. It was the result of recognition of the doctrine that the object of criminal law was more about the reformation of the offender than punishing him.”

Case Briefs High Courts

Convict cannot be released on probation under Section 482 of CrPC, especially when appeal against his conviction is sub judice: Punjab and Haryana HC

The power conferred in the High Court under Section 482 of Criminal Procedure Code, 1973, is a residuary power and to be exercised only when no alternative remedy is available.

Case Briefs High Courts

Sending first time offenders of less serious offence to jail might attract them towards a life of crime instead of reforming: Punjab and Haryana HC upholds probation

The sole intention of the legislature in passing probation laws is to give person of a particular type of chance of reformation, which they would not get if sent to prison.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Maternity leave cannot be denied during probation period : Maharashtra Administrative Tribunal

Period of probation should not be an obstacle in the seniority of a woman who wants to be a mother

Case Briefs High Courts

Rajasthan High Court grants probation to accused persons convicted u/s 307 of IPC in thirty-three-year-old case

“The main object of sentencing a convicted person is to bring in him certain character reformation and to keep him away from the society so as to see that the impact of his criminal character does not put any adverse impact on any other person.”

Case Briefs Supreme Court

Hiding criminal antecedents while applying for Government job? Good enough reason for employer to terminate services. Read Supreme Court’s clear principles governing such cases

Supreme Court: While dealing with a case relating to termination of a CRPF probationer for suppressing material information relating to his criminal

Case Briefs Tribunals/Commissions/Regulatory Bodies

Armed Forces Tribunal| A Cadet is akin to a probationer; can be discharged by employer if not meeting the medical standards required for military service

Armed Forces Tribunal (Lucknow Bench): The Division Bench of Justice Umesh Chandra Srivastava, Member (J) and Vice Admiral Abhay Raghunath Karve, Member

Case Briefs High Courts

Chh HC | Art. 14 of the Constitution does not envisage negative equality; Grant of study leave to employees under probation, cannot be a ground for claiming negative parity in the teeth of R. 42 (5) of Chhattisgarh Civil Services (Leave) Rules, 2010

Chhattisgarh High Court: A Division Bench of Arup Kumar Goswami CJ. and Rajendra Chandra Singh Samant J. dismissed the appeal and remarked

Case Briefs High Courts

Bom HC | Applicability of appropriate rules to employee on probation: Questions framed for referral to larger bench

Bombay High Court: Manish Pitale, J., referred questions of seminal importance for consideration of a larger bench. One significant question in the present

Case Briefs Tribunals/Commissions/Regulatory Bodies

CAT | Notification issued in pursuance of a service rule which has already been quashed by Court, is illegal and liable to be set aside

Central Administrative Tribunal (CAT), Chandigarh: Sanjeev Kaushik, (Member) J. quashed the order issued by the Chandigarh administration which provided that new recruits

Case Briefs High Courts

Convict released on probation of good conduct

Punjab and Haryana High Court: The order modifying the sentence of respondents-convicts passed by the learned Additional Sessions Judge wherein he directed

Case Briefs High Courts

Report of Probation officer to be called before granting probation under Section 4(2) of Probation of Offenders Act

Bombay High Court: Deciding an appeal against the sentence awarded by the trial court on ground of its inadequacy, a single judge