Chandigarh: The concept of “deemed confirmation” could not override the power of the employer to analyze the work, conduct and behavior of a probation to ensure suitability in service, Punjab and Haryana High Court said, dismissed a petition filed by a former judicial officer of Haryana Civil Services (Judicial Branch).The dismissal of the petitioner, Ankur Lal, a division bench, which includes Chief Justice Sheel Nagu and Justice Sumit Goel, stated that “understood the confirmation” “was a dangerous concept in service jurisprudence, which has long been abandoned”, because it is erased to assess the work, conduct and behavior in the worker. In addition, this would mean that even a person of suspected integrity can enter judicial services, the judges said.“If the confirmation of understanding is brought into the game, despite adverse comments, including ‘integrity suspected’, including the petitioner’s performance, conduct and behavior, also includes ‘integrity suspected’, a odd situation arises, where despite being unfit to confirm the probationer, to confirm that he accepts a judiciary for coincidence, the possibility on which he accepts a judicial system.” Said.The petitioner had sought instructions to end the recommendation on 23 July 2012 to end his probationary service as a Civil Judge (Junior Division). Appointed on February 13, 2008, LAL was placed on probation for two years, later a period extended by the High Court administration. Following a complaint from Ferozepur Jhirka Bar Association, the then acting Chief Justice referred to the administrative committee to the administrative committee. On July 18, 2012, the committee recommended the termination of Lal during the posting in Bhiwani in view of its conduct and overall service records.Red, in his petition, argued that under Rule 7.3 of the Rules of 1951, after completing one year extension with two years of probation, and in the background of vacancies available in the cadre, they should have been confirmed.
