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1993 Supreme(Guj) 421

A.N.DIVECHA
Jacob Aron – Appellant
Versus
Tourism Corporation of Gujarat Ltd. – Respondent


Advocates Appeared: A.D.Padival, K.B.TRIVEDI, K.M.THAKKAR

A. N. DIVECHA, J.

( 1 ) THE order passed by and on behalf of the respondent on 8th April 1985 terminating the petitioners services is under challenge in this petition under An. 226 of the Constitution of India.

( 2 ) THE facts giving rise to this petition are not many and not much in dispute. The petitioner was appointed as Regional Manager on the supernumerary post by the order passed inter alia by the Managing Director of the respondent on 23rd November 1981, its copy is at Annexure Q to this petition. It does not become clear from the record on what date the petitioner assumed his office. It however transpires from the communication of 1st March 1984 that the petitioner assumed his office with effect from 28th November 1982. As transpiring from the appointment order at Annexure Q to this petition, he was appointed on probation for a period of six months in the beginning and he was deemed to be on probation till he was, by a written order, taken on the regular establishment, meaning thereby that till he was confirmed in service. By one communication of 1st march 1984, the Managing Director of the respondent communicated to the petitioner certain adverse remarks for the period fro



































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