JUDGMENT :

B.L. Hansaria, C.J. - The petitioner was appointed on April 30, 1986 as an Assistant Engineer (Civil) by the Managing Director, Utkal Weavers' Co-operative Spinning Mills Ltd. Khurda, and was put on probation for six months. As his performance was not found satisfactory, some further time was given to watch his performance and as he did not improve according to the employer, his services came to be terminated by an order dated December 19, 1988 as at Annexure-3. The legality of this order has been assailed in this petition.

2. It may be stated at the threshold that before Annexure-3 was issued, it is an admitted position that no disciplinary proceeding was drawn and it is because of this that Annexure-3 speaks about the same having been issued in accordance with Clause 7 of letter No. 10680(3) dated April 30, 1986, a copy of which is at Annexure-2. Which says, inter alia, that the service can be terminated by giving one month's notice or one month's pay in lieu of notice, and so, in Annexure-3 one month pay has been offered.

3. This case was once heard on April 6, 1993 and on knowing that the maximum period of probation provided by Rule 12 of the Staff Service Rules, 1980,