Whether public servant under probation period under pc act

Originally posted by : manojabcde
	Thanks Adv Sudhir Sir and Adv Ekta Ji for  for reply.  Can you please cite specific section/rule/judgment on the basis of which a public servant can get such immunity for prior prosecution sanction in probation period ----------------------------------as probation period is conditional in which he can even be terminated as per service rules. Some public servants not qualifying training exams during probation period were even terminated.

There are no rules to support your misconception.  You have to understand that :-

1. propbationer employee is as good public servant anyone.
2. he has an appointing authroity who alone is competen to dismiss him or terminate him.
3. he cannot be terminated at the drop of hat.
4. he can be terminated only due to lack of skill required for the post.
5. he cannot be terminated for a specifc act which is a misconduct in conduct rules or is a criminal offence.  He can be dismissed from service or lower punishemnt in case of specific miscondct.
6. such punishment cannot be awarded without afforidng opprtuinity (as per established procedure which is same for permanent employee) if there is specific misconduct against him.
7. Pendancy of any disciplinary case or a criminal case can be hurdle in clearing probation.  He can face termination that too after following of procedure .

ALL THIS CERTAINLY CANNOT MEAN THAT PROSECUTION UNDER PC ACT  OR ANY OTHER LAW CAN PROGRES WITHOUT SANCTION OF PROSECUTION AS LONG AS THE OFFENCE IS DONE IN OFFICIAL CAPACITY

Originally posted by : P. S. DHINGRA: sssfi2016@gmail
	Whether on probation or made regular in service in employment under the Government, he is a public servant. So, sanction of the competent authority is necessary to be taken u/s 19  for the purpose of taking cognizance of offence by the court of law.

I reiterate the views.