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1998 Supreme(All) 890

D.K.SETH
RAKESH KUMAR – Appellant
Versus
SENIOR SUPERINTENDENT OF POLICE, SAHARANPUR – Respondent


Advocates Appeared:
SURESH CHANDRA DWIVEDI

D. K. SETH, J.

( 1 ) THE petitioner was appointed as a police Constable on 1. 1. 1987. According to him, after completion of the probation period, the petitioner continued to serve in the Department until his services were terminated by an order dated 12. 7. 1993, namely, almost after six and a half years. The said order of termination dated 12. 7. 1993 indicates that service of the petitioner was terminated under the U. P. Temporary Government Employees (Termination of Service) Rules, 1975 on the ground that the petitioners service was no more required. This order has since been challenged in this writ petition.

( 2 ) MR. Rakesh Pandey, learned counsel for the petitioner contends that under Regulation 541, the period of probation is fixed at two years for constables other than posted directly in the Criminal investigation Department or transferred to the Mounted Police as contained in clauses (a) and (b)of clause (1) thereof. The petitioner does not fall in any of these two categories as such according to him, the petitioner should be deemed to be confirmed on the expiry of the probationary period by reason of the decisions cited by him which will be dealt with at appropriate stag























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