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1993 Supreme(Del) 56

P.K.BAHRI
GANESH CHANDER JOSHI – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
ASHISH VAD, MADAN LOKUR, S.C.Sharma

P. K. Bahri, J.

( 1 ) THIS writ petition has been filed under Article2. 26 of the Constitution of India seeking writ in the nature of Certiorariquashing the order of discharge of the petitioner dated 5/10/1987.

( 2 ) FACTS, in brief, are that the petitioner was appointed on the postof Superintendent (B/r II) w. e. f. 18/01/1983 and he was put on a probation of two years. The Departmental Rules governing the petitioner,which are reproduced on running page 12 of the writ petition, show thatinitial appointment of the officers and other persons has to be on a probationfor the first two years and after completion of that probation period, thecompetent authority has to assess the suitability of the person concerned andpass suitable orders either confirming the successful completion of probationor extending the probationary period for not more than one year at a time. It is also provided that the aggregate period of probation would not, savefor exceptional reasons, exceed four years and on the expiry of or any timeduring the period of probation, the appointing authority does not considerany member suitable for continuance, he shall be discharged and no noticewill be given therefor.

2. The











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