Discharge During Probation Not Punitive Merely Due to Pending Criminal Case: Himachal Pradesh High Court

The Himachal Pradesh High Court dismissed a writ petition filed by a Peon challenging his discharge during the probation period, holding that such discharge was not punitive merely because a criminal case was pending against him.

The Court observed that the order was passed strictly in accordance with the terms of appointment and service rules, based on the employer’s dissatisfaction with the employee’s performance during probation.

It noted that the discharge order did not refer to the criminal proceedings and therefore could not be treated as stigmatic or punitive.

The Court further clarified that suspension following custody for more than 48 hours was in line with service rules and did not vitiate the discharge.

[Faqeer Chand v. High Court of Himachal Pradesh]