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1985 Supreme(MP) 293

G.L.OZA, GULAB C.GUPTA, B.M.LAL
SAMARU DAS BANJARE – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent


Advocates Appeared:
D.M.Dharmadhikari, K.P.MUNSHI, M.V.TAMSKAR, R.N.ROY, S.DHARMADHIKARI, Y.K.MUNSHI,

JUDGMENT :

( 1. ) THIS petition was heard by learned single Judge who after hearing made a reference to this Bench for answering the following question :

"whether the resolution of the Court Meeting dated 27-2-1981 satisfies the requirement of an otherwise order of the appointing authority by recording reasons in writing as contemplated under Rule 3-A of the Madhya Pradesh Government Servants (Temporary and Quasi-Permanent Service) Rules, 1960?"

( 2. ) THE facts necessary for consideration in this petition are that the petitioner was appointed as Civil Judge in Madhya Pradesh Judicial Service, class II, by the respondent State by its order dated 15th July 1976 and he joined the said assignment on 4th August 1976. The appointment was temporary and on officiating basis for a period of six months for training and thereafter for a period of two years on probation. It is not disputed that the petitioner completed the training and also the period of probation without any complaint whatsoever. He was, however, not confirmed after the aforesaid period and continued without an order of confirmation or discharge. It appears that on 31st August 1981 (Annexure-D) an adverse confidential report fo


























































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