Judgment

PATHAK, J:- This appeal by special leave arises out of a writ petition filed by the appellant in the Gujarat High Court challenging an order terminating his services.

2. The appellant was appointed to the post of Sales Tax Officer by an order dated March 22, 1972. The order recited that the appointment was on probation for a period of two years. The period of two years expired, and the appellant continued in service and no order was made confirming his appointment. On March 31, 1975 the appellants services were terminated.

3. Aggrieved by the termination of his services, the appellant filed a writ petition in the High Court of Gujarat, but by his judgment and order dated April 21, 1976 a learned Single Judge dismissed the writ petition. An appeal was filed by the appellant, and an Appellate Bench of the High Court dismissed the appeal by its judgment and order dated March 28, 1977.

4. Three points have been raised before us in this appeal. The first contention is that the order terminating the appellants services was passed mala fide, the second is that on the expiry of the period of probation the appellant must be deemed to have been confirmed, and inasmuch as his services ha