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1963 Supreme(SC) 51

J.C.SHAH, P.B.GAJENDRAGADKAR, M.HIDAYATULLAH, K.N.WANCHOO, K.C.DAS GUPTA
Ranendra Chandra Banerjee – Appellant
Versus
Union Of India – Respondent


Advocates:
K.R.MEHTA, N.S.BINDRA, R.H.Dhebar, R.N.SACH

K.N.WANCHOO, J.

(1) THIS is an appeal on a certificate granted by the Punjab High court. The appellant was selected for the post of Programme Assistant on 3/05/1949 and was appointed on probation for one year, and the letter of appointment said that during the said period his services might be determinated without any notice and without any cause being assigned. He was asked to accept the offer on this condition. The appellant accepted the offer and joined service on 4/06/1949. His period of probation expired on 3/06/1950, but it was extended from time to time. On 4/07/1952, the appellant was informed that his probation period could not be extended and was called upon to show cause why his services should not be terminated. The appellant showed cause. He was finally informed that the explanation given by him was not satisfactory and that his services were to be terminated after 31/08/1952.

(2) THE appellant then filed a petition under Art. 226 of the Constitution in the Punjab High court and his main contention was that he was entitled to the protection of Art. 31 1 (2) of the Constitution and as this was not afforded to him the order terminating his services was








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