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CIVIL APPELLATE JURISDICTION : Civil Appeal 271 of 1962. Appeal from the judgment and order dated May 18, 1959 of the Punjab High Court (Circuit Bench) at Delhi in L. P. A. No. 24-D of 1956.

K. B. Mehta, for the appellant.

N. S. Bindra, R. H. Dhebar for R. N.. Sachthey, for the respondents.

1963. February 18. The judgment of the court was delivered by WANCHOO J.-This is an appeal on a certificate granted by the Punjab High Court. The appellant was selected for the post of Programme Assistant on May 3, 1949 and was appointed on probation for one year, and the letter of appointment said that during the said period his services might be determinated without any notice and without any cause being assigned. He was asked to accept the offer on this condition. The appellant accepted the offer and joined service on June 4, 1949. His period of probation expired on June 3, 1950, but it was extended from time to time. On July 4, 1952, the appellant was informed that his probation period could not be extended and was called upon to show cause why his services should ' not be terminated. The appellant showed cause. He was finally in- formed that the explanation given by him was not satisfactory and that his services were to be terminated after August 31, 1952.

The next question is whether r. 55-B was complied with. The facts in that connection are these. On December 6, 1951 soon after the appellant's probation was extended up to June 3, 1952, he was informed that during the period he had been employed his work had been found to be much below the standard required for the post. The main defects that were found were also pointed out to him, namely, "(i) immature taste, (ii) cannot be entrusted to work without"supervision, and (iii) has few ideas but cannot think logically and plan systematically." He was therefore given an opportunity to remedy the defects and to make attempts to bring himself up to the standard at least of an average Programme Assistant. He was further informed that he should do so by systematic concentration on his subjects, application to his job and by making wider studies and contacts. He was told to seek guidance and help of his senior officers wherever required in effecting the necessary improvement. Finally he was told that it would not be possible to give him any further extention of probation after the present one and that if his work during that period did not come up to the required standard, his services might have to be terminated. The appellant thus had been warned to improve his work as far back as December, 1951. On July 4, 1952, the appellant was given a notice by which he was afforded an opportunity to show cause why his services should not be terminated and was informed that any representation made by him in this regard would be duly considered. The notice said that the appellant's work had not come up to the average standard of a Programme Assistant and four defects were pointed out, namely, (i) immaturity in taste, and want of tact and discretion, (ii) inability to think logically and plan systematically, (iii) want of programme sense and background necessary for an average programme man, and (iv) he could not be entrusted to work without supervision. The appellant gave his explanation in reply to this notice which was duly considered and on July 31, 1962, he was informed that his explanation had not been considered satisfactory and therefore his service would be terminated after August 31, 1952.