State of Uttar Pradesh vs Shri Akbar Ali Khan - 1963 Supreme(Online)(All) 13

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1963 Supreme(Online)(All) 13

ALLAHABAD HIGH COURT
X, J
State of Uttar Pradesh – Appellant
Versus
Shri Akbar Ali Khan – Respondent

Advocates:
For the Appellants/Petitioners:Advocate A
For the Respondents:Advocate B

Table of Content
1. appeal addresses the legality of termination of probation. (Para 1 , 2)
2. confirms that expiration of the probation period does not imply confirmation of service. (Para 3 , 4 , 7)
3. government action violated due process by failing to provide a satisfactory opportunity to show cause. (Para 5 , 6 , 8)
4. the ruling affirms the lower court's decision justified in quashing the government's orders. (Para 9)

1. This is an appeal by the State of Uttar Pradesh against a judgment of a learned Single Judge of this Court allowing a petition under Art.226 of the Constitution and quashing two orders of the Government dated 13th August, 1957, and 1st December, 1958.

2. The respondent was in the service of the appellant as a permanent Naib Tahsildar. On 30th April, 1951, he was placed on probation as a Tahsildar in accordance with the rules governing the appointment etc. of Tahsildars. Under R. 12 of the said rules he had to be placed on probation for a period of two years. This period of two years expired on 29th April, 1953. The rules also laid down that a probationer could actually be confirmed at the end of the period of probation if he passed the departmental examination for