Based on the provided legal document, here are the key points regarding the termination of service, the distinction between "motive" and "foundation," and the procedural requirements:

1. Status of the Probationer and Article 311 Applicability * A probationer does not have an automatic right to hold a post upon completing the probationary period; permanent status is acquired only through a specific order of confirmation. * Temporary government servants and probationers are entitled to the protection of Article 311(2) of the Constitution. Their services can be terminated without assigning reasons, unless the termination is punitive in nature. * Courts can lift the veil of an innocuously worded order to determine if the real nature of the termination was punitive. (!) (!) (!) (!) (!) (!) (!) (!)

2. Distinction Between "Motive" and "Foundation" * Motive: The moving power or factor that impels the employer to take an action (e.g., general unsuitability). If the order is based on general unsuitability, it is not punitive. * Foundation: The actual basis or reason upon which the order is founded. If the order is founded on allegations of misconduct or negligence, it is punitive. * When an enquiry is held to ascertain allegations of misconduct, and the termination order is passed based on the findings of that enquiry, the "motive" (misconduct) transforms into the "foundation," rendering the order punitive. (!) (!) (!) (!) (!) (!) (!) (!) (!) (!)

3. Nature of the Enquiry and Termination Order in the Present Case * The appellant had completed the probationary period without blemish. The incident involving the quarrel and use of filthy language was between other constables, and the appellant was initially not involved. * A preliminary enquiry was conducted to find out the appellant's involvement in the quarrel, not to assess his general suitability for the post. * The termination order was founded on the report of this preliminary enquiry which established the appellant's involvement. Since the order was founded on allegations of misconduct rather than general unsuitability, it was held to be punitive in character. (!) (!) (!) (!)

4. Procedural Violations under U.P. Police Regulations * Under Para 541 of the U.P. Police Regulations, before terminating the services of a probationer constable, the employee must be informed of the grounds, required to explain his position, and his reply must be considered by the Superintendent of Police. * Failure to follow this mandatory procedure renders the termination punitive, attracting Article 311. * In this case, there was a total non-compliance with Para 541; the appellant was not issued a notice intimating the grounds for termination, nor was his explanation obtained. (!) (!) (!) (!) (!)

5. Judicial Precedents on "Substance over Form" * Courts are entitled to find the true nature of a termination order by examining the substance rather than the semblance. * An order of termination simpliciter is unexceptionable if preceded by an enquiry to ascertain general suitability. However, if a full-scale departmental enquiry or a preliminary enquiry into misconduct precedes the order, it attracts Article 311. * The form of the order is not conclusive; if the order casts an aspersion on character or is founded on misconduct, it is considered punitive. (!) (!) (!) (!) (!) (!) (!) (!) (!) (!)