Bench
A 7-Judge Bench of the Supreme Court:
- A.N. Ray, C.J.
- D.G. Palekar, J.
- K.K. Mathew, J.
- Y.V. Chandrachud, J.
- A. Alagiriswami, J.
- P.N. Bhagwati, J.
- V.R. Krishna Iyer, J.
Facts
- The appellants, Samsher Singh and Ishwar Chand Agarwal, were appointed as Subordinate Judges in the Punjab Civil Service (Judicial Branch).
- Both were on probation, meaning their appointments were not yet permanent.
- The Punjab Government terminated their services in 1967 and 1969, respectively.
- The termination orders were issued under Rule 9 of the Punjab Civil Services (Punishment and Appeal) Rules, 1952 and Rule 7(3) of the Punjab Civil Services (Judicial Branch) Rules, 1951.
- Samsher Singh challenged his termination, arguing that it was a punitive dismissal without proper inquiry and that it violated Article 311 of the Constitution.
- The case also raised the broader issue of whether the Governor of a State acts independently or on the aid and advice of the Council of Ministers when exercising executive functions.
Issues
- Does the Governor act on his own or on the advice of the Council of Ministers while exercising executive powers?
- Was Samsher Singh’s termination a dismissal in violation of Article 311, or was it a simple termination of a probationer?
- Do probationers in judicial service have the same protection under Article 311 as permanent employees?
Ratio Decidendi (Legal Principle)
- Governor’s Executive Powers: The Supreme Court ruled that the Governor does not act independently but must act on the aid and advice of the Council of Ministers in all executive matters unless specified otherwise in the Constitution.
- Probationers and Article 311 Protection: The Court held that probationers do not have the same protection as permanent employees under Article 311. Their services can be terminated if found unsuitable. However, if the termination is based on misconduct, it must follow the proper procedure under Article 311.
- Nature of Termination: The Court held that Samsher Singh’s termination was not punitive but was based on an assessment of his suitability during probation. Since it was not a punishment, the rules of natural justice and Article 311 did not apply.
Observations
- Governor’s Role in Executive Actions: The Governor acts as a constitutional head and is bound by the advice of the Council of Ministers, except where the Constitution provides discretion.
- Judicial Independence: The Court emphasized the importance of maintaining judicial independence while allowing reasonable administrative control by the executive.
- Termination vs. Dismissal: If an order terminates a probationer’s service for unsuitability, it is not a punishment. However, if the termination is based on alleged misconduct, it requires an inquiry under Article 311(2).
Decision
- The Supreme Court upheld the validity of the termination orders, ruling that Samsher Singh was a probationer and could be terminated without an inquiry if found unsuitable.
- The Court reaffirmed that the Governor acts on the aid and advice of the Council of Ministers and does not exercise executive power independently.
- The orders of termination were set aside on procedural grounds for Ishwar Chand Agarwal, but Samsher Singh’s appeal was dismissed.
Important Terms
1. Article 311 (Protection of Civil Servants)
- Protects government employees from arbitrary dismissal, removal, or reduction in rank.
- Requires a reasonable opportunity to be heard before dismissal for misconduct.
- The Court ruled that this protection does not apply to probationers unless their termination is punitive.
2. Probationer in Government Service
- A probationer is an employee under evaluation before receiving permanent status.
- The government can terminate a probationer’s services for unsuitability without following Article 311, but not if the termination is punitive.
3. Governor’s Role Under Article 154
- The Governor is the executive head of the state but acts on the aid and advice of the Council of Ministers.
- This principle applies to appointments, removals, and other executive decisions.
4. Natural Justice
- A probationer is entitled to fair treatment but not a full-fledged disciplinary inquiry unless the termination is punitive.
