innocuous and the
order of termination of the services of a probationer or of
an ad hoc appointee is a termination simpliciter in
accordance with ... case of termination of service of a temporary
servant or a probationer, Article 311(2) of the Constitution
would be affected or not. The prepositions
service
by innocuously worded order whether hit by article 311.
Civil service probationer whether can be deemed to be
confirmed on the expiry of probation ... correctly lays down the law.
It was further contended that since the probationer
continued in service after the expiry of the maximum period
of probation
dismissing the writ petition
filed by the appellant, a probationer and refusing
to quash the order dated 30.4.1997, terminating his
probation.
The facts ... points arise for consideration:
(1) In what circumstances, the termination of
a probationer's services can be said to be founded
on misconduct
offence nor the ultimate acquittal therein was
relevant when considering whether a probationer who suppresses a material
fact (of his being involved in a criminal ... information
furnished to the employer), is fit to be continued as a probationer.
(6.2.) Therefore, the ratio decidendi of Ram Ratan Yadav is, where
selected for appointment in
the Indian Police Service was undergoing training as
probationer in the National Police Academy. On June 22, 1981
due to rain ... appellant as well other probationers reached
late by a few minutes at the changed venue for conducting P.
T. For this delay explanation was called
Again, could it be that
if you summarily pack off a probationer, the order is
judicially unscrutable and immune? If you conscientiously
seek to satisfy ... account of recent judgments concerning the services
of a probationer, is fairly well-settled and there is no
cause for being confounded or bewildered
satisfied. Therefore, an order terminating the
services of a temporary servant or probationer under the
Rules of employment and without anything more will not
attract ... held
by this Court that if the Government proceeded against the
probationer in the direct way without casting any aspersion
on his honesty or competence
India , Courts have had to perform a balancing act between
denying a probationer any right to continue in service while at the
same time granting ... illogical lines in determining
when the termination of a temporary appointee or probationers
services amounts to punishment.
In 1974, Krishna Iyer, J. had said
candidates approved for appointment to any service, class or category; (d) "approved probationer" means member of a service, class or category, who has satisfactorily completed ... appeals" means the committee specified in section 67; (i) "discharge of a probationer" means, in case the probationer is a full member or an approved
with the question in issue. In certain
cases of temporary servants and probationers, this Court has
taken the view that if the experts inquiry ... test of 'inquiry' was laid down. That was a case
probationer. The Government had come to the conclusion, on
inquiry, that the respondent
