Appoinment, promotion and disciplinary actions

There has been a phenomenal rise in service disputes in the last three decades. It is time that serious attention is devoted to discover the reason for it and to take effective steps to ensure curtailment thereof. Whether such litigations come before courts or tribunals is of no consequence here. Frequent litigations between the State and its employees ultimately affect the efficiency of the service and bring about indiscipline, lack of loyalty and an attitude of indifference.!
The reasons for this state of affairs apparently are the lack of clear and precise rules relating to certain service matters, the lack of proper understanding of service laws by the authorities who administer them/and decisions of Courts which are not clear, precise and unequivocal.

The Supreme Court has said that the form of an order of termination or reversion or discharge of a probationer is not conclusive of the fact whether the action is innocuous or punitive and that it is permissible in certain circumstances to "lift the veil" to see whether the order is innocuous or punitive. The question whether in any particular case, to lift the veil or not has caused considerable difficulties to courts and Tribunals.