Vs. R.G. High Court of Karnataka & Ors  Insc 105 (23 February 2001)
R.C. Lahoti & Brijesh Kumar R.C. Lahoti, J.
Appeal (civil) 1464 of 2001
granted in both the S.L.Ps.
was appointed as Munsif on probation in the Karnataka Judicial Services vide an
order dated 25.6.1991 and was posted as Munsif & JFMC w.e.f. 16.9.1991.
Administrative Committee of the High Court of Karnataka in its meeting dated
13.11.1995 considered the question of satisfactory completion of the period of
probation of the Munsifs appointed during the year 1991. On a review of the
confidential records and the remarks based on assessment of their work, the
Committee recorded its opinion that the performance of the petitioner as a
judicial officer was too poor to be considered satisfactory for his
confirmation on the post. Accordingly the Committee recommended to the Full Court that the petitioner be discharged
from service. The recommendation so made was considered and accepted by the Full Court in its meeting held on 26.3.1996.
Muthappa Hanumanthappa was appointed as Munsif on probation vide notification
dated 7.7.1992 and was posted as Additional Munsif & JFMC w.e.f. 1.9.1992.
The initial period of probation of two years was extended by one year w.e.f.
25.7.1994. The Administrative Committee of the High Court in its meeting held
on 6.2.1996 considered the question of satisfactory completion of the period of
probation of the Munsifs appointed during the year 1992. On a review of the
confidential records and the remarks based on assessment of their work as sent
by the principal District Judges, the Committee formed an opinion that the
performance of the appellant as a judicial officer was too poor to be
considered as satisfactory for his confirmation to the post. The recommendation
so made was considered and accepted by the Full Court of the High Court on
Registrar General of the High Court made a reference to the State Government
whereon the following notification dated 13th May, 1996 was issued:-
exercise of the powers conferred by Rule 6(1) of the K.S.C. (Probation) Rules,
1977, I Khursheed Alam Khan, Governor of Karnataka hereby order that the following
Munsiffs working at the posts mentioned against their names as hereunder be
discharged from service with immediate effect, as they are unsuitable to hold
the post of Munsiffs: Srihuths:
1) A. Hanumanthappa,
J.M.P.C.II Court, Shimoga
Hanumanthappa Fakirappa, IInd Additional Munsiff, Belgaum Bharmanna Neyakas Siddappa
Majunathaswamy Munsiff and J.M.F.C. Harepanshalli (Khurshed Alam Khan) Governor
of Karnataka By order and in the name of the Governor of Karnataka Sd/- (M.R. Venkataramaiah)
Under Secretary to Government, Law Department (Administration-I) The two
appellants filed two separate writ petitions impugning their discharge from
service. A learned single Judge of the High Court of Karnataka dismissed both
the writ petitions by two separate judgments assigning similar reasons. Writ
appeals preferred by both the appellants have been dismissed. The appellants
have filed these appeals by special leave to this Court.
not disputed before the High Court, either before the learned single Judge or
before the Division Bench hearing the writ appeals and has also not been
disputed before this Court that the two appellants have been discharged from
service during the period of probation. It is also an admitted fact that no
order was passed declaring the period of probation having been successfully
completed and confirming any of the two appellants in service.
also not disputed that the relevant rules governing the period of probation of
the appellants are Karnataka Civil Services (Probation) Rules, 1977. The
controversy centres around Rule 6, which reads as under:-
: DISCHARGE OF A PROBATIONER DURING THE PERIOD OF PROBATION :
Notwithstanding anything in rule 5 the appointing authority may at any time
during the period of probation, discharge from service a probationer on grounds
arising out of the conditions, if any, imposed by the rules or in the order of
appointment or on account of his unsuitability for the service or post; but the
order of discharge except when passed by the Government shall not be given
effect to, till it has been submitted to and confirmed by the next higher
order discharging a probationer under this rule shall indicate the grounds for
the discharge but no formal proceeding under the Karnataka Civil Services
(Classification Control and Appeal) Rules, 1957, shall be necessary.
submitted by the learned counsel appearing for K.M. Hanumanthappa, and H.F. Sangati
who appeared in-person, that the order of discharge is not an order of
discharge simplicitor; it casts stigma on the appellants in as much as it
records - they are unsuitable to hold the post of Munsifs and, therefore, they
should have been afforded an opportunity of hearing before passing the impugned
orders which having not been done, the impugned order is vitiated for
non-compliance with the principles of natural justice. Reliance was placed on a
decision of this SCC 239. It is well settled by a series of decisions of this
Court including the Constitution Bench decision in Punjab, AIR 1974 SC 2192,
that services of an appointee to a permanent post on probation can be
terminated or dispensed with during or at the end of the period of probation
because the appointee does not acquire any right to hold or continue to hold
such a post during the period of probation. In Shamsher Singhs case it was
observed that the period of probation is intended to assess the work of the
probationer whether it is satisfactory and whether the appointee is suitable
for the post; the competent authority may come to conclusion that the
probationer is unsuitable for the job and hence must be discharged on account
of inadequacy for the job or for any temperamental or other similar grounds not
involving moral turpitude. No punishment is involved in Satyendra Nath Bose
National Centre for Basic Sciences, Calcutta & Ors., (1999) 3 SCC 60,
having reviewed the entire available case law on the issue this Court has held
that termination of a probationers services, if motivated by certain
allegations tentamounting to misconduct but not forming foundation of a simple
order of termination cannot be termed punitive and hence would be valid. In Satya
750 the petitioner appointed on probation as a Civil Judge and not confirmed
was discharged from service in view of the non- satisfactory nature of the
service. This Court held that the High Court was justified in discharging the
petitioner from service during the period of probation and it was not necessary
that there should have been a charge and an enquiry on his conduct since the
petitioner was only on probation and it was open to the High Court to consider
whether he was suitable for confirmation or should be discharged from service.
two cases at hand we find the Administrative Committee of the High Court having
took into consideration all the relevant material and thereafter formed an
opinion as to the unsuitability of the two appellants to hold the post of Munsifs,
which opinion was communicated to and upheld and accepted by the Full Court of
the High Court.
thereto, the State Government issued the impugned order of discharge from
opinion the impugned order does not cast any stigma on the appellants. All that
has been said in the impugned order is that the appellants were unsuitable to
hold the post of Munsifs. It is pertinent to note that Rule 6 contemplates a
probationer being discharged from service on one or more of the following grounds
terms of a condition imposed by the rules,
terms of the order of appointment, or
account of unsuitability of the appointee for the service or post. Sub-rule 2
of Rule 6 requires an order discharging the probationer to indicate the grounds
for the discharge. It also provides that such indicating of the grounds for the
discharge in the order would not require any formal proceedings under the
Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957 being
held. The impugned order of discharge has been passed in strict compliance with
the requirements of Rule 6.
does not cast any stigma on the appellants nor is it punitive. There was, thus,
no requirement to comply with the principles of natural justice much less to be
preceded by any formal proceedings of enquiry before making the order.
by the appellants on the decisions of this Court in V.P. Ahuja is misconceived.
In V.P. Ahujas case the appellants appointment was terminated during the period
of probation. One of the recitals of the order was that the appellant failed in
the performance of his duties, administratively and technically. The order was
founded on a stigmatic allegation and was, therefore, held punitive.
appellant was an employee of a Cooperative Federation in Punjab. The judgment does not refer to the
relevant service rules and none have been brought to our notice so as to claim
parity of the appellants case with that of V.P. Ahujas case. In these appeals,
as we have already stated, the statutory rule requires the order of discharge
to indicate the grounds for the discharge. If the ground for discharge would
not have been mentioned in the impugned order, it would have invited the
criticism of being arbitrary or not satisfying the requirement of the rule. It
may be stated that in the High Court, the appellants have not laid any
challenge to the vires of Rule 6. H.F. Sangati, the appellant appearing
in-person, made a faint attempt at challenging the vires of sub-rule 2 of Rule
6 above-said but the same was not permitted in the facts and circumstances of
the case as such a plea was not raised before the learned single Judge or the
Division Bench of the High Court.
the foregoing reasons, we find no fault with the view taken by the learned
single Judge and the Division Bench of the High Court. The appeals are devoid
of any merit and are dismissed though without any order as to the costs.