Judgment

Altamas Kabir, J.

After an outstanding academic career under the Rajasthan Secondary Board and the University of Jodhpur, the Respondent appeared for the Civil Services Examination, 1998, conducted by the Union Public Service Commission and on account of his brilliant performance, he was appointed to the Indian Foreign Service on 21st September, 1999. But on 13th June, 2002, he was discharged from service by the following order :-

"The President hereby discharges forthwith from service Shri Mahaveer C. Singhvi, IFS Probationer (1999 Batch), in accordance with the terms of employment issued vide order No.Q/PA.II/578/32/99 dated 21st September, 1999.

By order and in the name of the President.

Sd/-

(P.L. Goyal)

Addl. Secretary (AD)"

2. Although, the aforesaid order appears to be an innocuous order of discharge simpliciter of a probationer, the same has given rise to a question of law relating to service jurisprudence which has been considered over and over again for the last five decades. However, even though the principles laid down by this Court in the various cases have been uniformly followed, there have been individual cases which have thrown up new but related issues whi