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3. Sri K.K. Mani, for Mohammed Usman Shaikh, learned Counsel for the petitioner submits that Rule 6(1) of the Karnataka Civil Services (Probation) Rules, 1977 (for short 'the KCSRs') could not be invoked as the petitioner had completed the probationary period and he could not be discharged. He submits that the petitioner's case falls under Rule 7 of the KCSRs and without considering the same, the order at Annexure-A was passed and it is liable to be set aside. He relied on the Supreme Court decision in KARNATAKA STATE ROAD TRANSPORT CORPORATION AND ANR. v. MANJUNATH, AIR 2000 SC 2070.

6. We have heard the learned Counsel for the petitioner and perused the material on record, the relevant provisions and the case law relied on by the learned Counsel for the parties.

7. It is well settled that on completion of probationary period, an order of confirmation is necessary. There will be no automatic confirmation of service on the expiry of probation period, unless otherwise provided in the Rules. If the probationer is found unsuitable he can be terminated and it will attach no stigma nor the principles of natural justice are required to be followed in such cases.

"7. Termination for misconduct - No order terminating the services of a probationer, whether during or at the end of the period of probation for any misconduct, shall be passed except in accordance with the Karnataka Civil Services (Classifications, Control and Appeal) Rules, 1957."

A bare reading of Rule 3 makes it clear that the period of probation shall be fixed as per the rules of recruitment specially made for any service and also that the minimum period of probation shall be two years. Rule 4 deals with the extension or reduction of period of probation. Rule 5 deals with declaration of satisfactory completion of probationary period. Sub-rule (1) (b) of Rule 5 states that the if the appointing authority decides that the probationer is not suitable to hold the post, it may discharge him from Service, if the probationary period is not extended. Rule 5(2) makes it clear that there has to be an order declaring the probationer to have completed the probationary period and if there is a delay in issuing such an order, the probationer will not be deemed to have completed the probationary period. Rule 6(1) provides for discharge of a probationer during the probationary period under the circumstances like the grounds arising out of the conditions, if any, imposed in the rules or in the order of appointment or unsuitability to hold the post Rule 7 states that when a probationer whether during or at the end of probation period, is terminated for any misconduct, the termination shall be in accordance with Karnataka Civil Services (Classifications, Control and Appeal) Rules, 1957 (for short 'the 1957 Rules').

11. Now, we refer to the case laws relied upon by the learned Counsel for the petitioner.

In KARNATAKA STATE ROAD TRANSPORT CORPORATION v. MANJUNATH (AIR 2000 SC 2070), wherein their Lordships held that on expiry of the period of probation, the probationer gets automatic confirmation, in view of Regulation 11 of the Karnataka State Road Transport Corporation Service Regulations dealing with the probation and its confirmation, is not helpful to the facts of the present case. As stated, no order has been passed declaring the probationer to have satisfactorily completed the probationary period and the probationer cannot be deemed to have been confirmed in service because of expiry of probation period.