Judgment

RANGANATH MISRA, J.: - This appeal by the State of Gujarat by special leave is against the judgment of the High Court dt. Nov. 18, 1971. Respondent, a Sub-Inspector of Police in the service of the appellant, was on probation. Before he was confirmed but after termination of the period of probation his services were terminated by an order simpliciter. The High Court has taken the view that a proceeding was necessary for terminating the services of the probationer relying upon R. 3, sub-rule (3) of the Rules framed under the Bombay Police Act and as no proceedings were taken, the order of termination has been set aside.

2. Admittedly, the impugned order was made in 1967. It is contended by Mr. T. U. Mehta, learned counsel appearing in support of the appeal that the rules obtaining in the State of Gujarat read very differently from what the High Court has indicated in its order and in fact, the Rules say that an order of termination of services of a probationer would not amount to punishment. He admits the position that for quite some time the Bombay rules were in force and is unable to tell us when exactly the Gujarat Rules came into force. Since the High Court, which is expec