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1998 Supreme(All) 859

M.C.AGARWAL, D.S.SINHA
RAM KUMAR DWIVEDI – Appellant
Versus
PRADESHIK COOPERATIVE DAIRY FEDERATION LTD. – Respondent


Advocates Appeared:
AJAI YADAV, G.D.MISHRA, I.N.SINGH, SAKHA RAM SINGH YADAV

( 1 ) HEARD Shri I. N. Singh, learned counsel appearing for the petitioner and Shri G. D. Mishra, learned counsel appearing for the respondents. By means of this petition under Article 226 of the Constitution of india, the petitioner seeks to challenge the order dated 13th April, 1987, a copy whereof is Annexure-XV to the writ petition. By this order services of the petitioner were terminated with immediate effect.

( 2 ) VIDE order dated 9th January, 1987, a copy whereof is Annexure-VI to the writ petition, the petitioner was appointed as Manager Grade -III, under the Pradeshik Cooperative Dairy Federation Limited, with effect from 15th November, 1986. Clause 3 of the appointment letter indicates that appointment of the petitioner was on probation for a period of one year which could be extended for another one year, at the sole discretion of the appointing authority. The period of probation of the petitioner was to expire on 14th november, 1987 but, before expiry of the period of probation the services of the petitioner were terminated by the impugned order dated 13th April, 1987.

( 3 ) CONTENTION of the learned counsel for the petitioner is that the impugned order of termination




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