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18. Discharge/Reversion during probation-During the probationary period an employee if he is directly recruited may be discharged from service without assigning any reason by giving 15 days notice or on payment of an amount equal to his 15 days pay in lieu of notice. During the probationary period an employee may resign by giving 15 days notice or pay in lieu thereof.

On satisfactory completion of the probation an employee shall be confirmed. No employee shall be deemed to be confirmed unless confirmation is done in writing by the Managing Director. The Managing Director shall be the final authority to decide about the satisfactory completion of the probation or otherwise.

(ii) The services of an employee appointed on probation are liable to be terminated without assigning any reason.

(iii) After successful completion of period of probation, the employees shall be confirmed in the Delhi Police by the competent authority, subject to the availability of permanent post."

Relying on the decision in Dharam Singh (supra) the apex Court rejected the contention that even if the appellant in that case was not confirmed by passing any order, on expiry of three years he must be deemed to have been confirmed as a member of the service. It was held that successful completion of probation is a condition precedent for confirmation, as envisaged in Clause (iii) of the above Rule 5 (e).

25. We may now summarise the law laid down by the apex Court in Dhararn Singh (supra), Ashok Kumar Mishra (supra), Dhanjibhai Ramjibhai (supra), Kedar Nath Bahi (supra), Jai Kishan (supra), and Baldev Singh Khosla (supra) and the Division Bench decision of this Court in Ayodhya Prasad Singh (supra) :

(i) If the relevant Rules provide the maximum period of probation and there is nothing in the Rules that after the period of probation is completed an order in writing for confirmation of the employee is necessary, the employee shall be deemed to have been confirmed after completion of the period of probation;

26. Situated thus, let us examine the relevant rules of the Rules in the present case. Para 2 of Rule 18 of the Rules runs as follows :

"On satisfactory completion of the probation an employee shall be confirmed. No employee shall be deemed to be confirmed unless confirmation Is done in writing by the Managing Director. The Managing Director shall be the final authority to decide about the satisfactory completion of the probation or otherwise.

Thus, it is clear from the above rule that an order of confirmation in writing by the Managing Director is necessary in case of a probationer under the Corporation. From a reading of Rule 17 of the Rules, we find that the initial period of probation is one year and the Managing Director may extend the period of probation of an employee by one year only if his work is not found satisfactory during the period of probation. Therefore, the maximum period of probation can be two years; but in view of the second para of Rule 18, unless there is an order of confirmation in writing by the Managing Director, there cannot be deemed confirmation, and the employee, who is on probation, shall continue as a probationer.