Judgment

Sema, J.—Heard the parties.

2. This appeal is preferred by the State of U.P. against an order of the High Court affirming the order of tribunal.

3. Briefly stated the facts are as follows:

The respondent was recruited as constable and he was undergoing training. It is not in dispute that his regular appointment was to be preceded by the successful completion of training. While he was undergoing training he was terminated by an order dated 15.2.1983 (termination simpliciter) by resorting to Uttar Pradesh Temporary Government Servants (Termination of Service) Rule, 1975 (hereinafter the ‘Rules’). The order of termination reads:

“In terms of the provisions of the Uttar Pradesh Temporary Government Servants (Termination of Service) Rules, 1975, published by Appointment Section-3 vide notification No. 20/1/74 Appointment-3 dated 11.6.1975, the undersigned Sri Haramol Singh, Superintendent of Police, Mathura, do hereby give notice to temporary recruit constable Ashok Kumar that his services are no longer required and his services shall be deemed to have been terminated from the date of receipt of this notice.”

4. The respondent preferred an appeal before the Appellate Authority who is