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1992 Supreme(SC) 783

N.P.SINGH, S.RANGANATHAN
Governing Council Of Kidwai Memorial Institute Of Oncology, Bangalore – Appellant
Versus
Pandurang Godwalkar – Respondent


Advocates:
K.N.BHATT, KIRAN SURI, M.VIRAPPA, NOBIN SINGH, S.K.KULAKARNI, S.N.BHATT

JUDGMENT

N. P. SINGH, J.:—This appeal has been filed against an order passed by the High Court, on a writ application filed by the petitioner-respondent (hereinafter referred to as "the respondent") quashing the order of termination of the service of the respondent.

2. The respondent was appointed as a Lecturer in Surgical Oncology on 3rd July, 1981. He was to be on probation for a period of one year from the date of his appointment which period could have been extended at the discretion of the competent authority. One of the conditions provided is as follows :-

"Failure to complete the period of probation to the satisfaction of the competent authority will render you liable to be discharged from service."

Before the expiry of one year, the impugned order of termination was issued on 30th January, 1982 saying : -

"In accordance with the decision of the Governing Council at its meeting held on 28th January, 1982 the services of Dr. Pandurang Godwalkar, Lecturer in Surgical Oncology (on probation), Kidwai Memorial Institute of Oncology, Bangalore are terminated with effect from the afternoon of 30th January, 1982, as per Rule 4 of the Conditions of Service Rules (Annexure 2 Chapter I) of

















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