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2011 Supreme(Del) 386

RAJIV SAHAI ENDLAW
Dinesh Kumar Mishra – Appellant
Versus
Union of India (UOI) – Respondent


Advocates:
Counsels:
For Appellant/Petitioner/Plaintiff: Hanu Bhaskar, Adv.
For Respondents/Defendant: Sukhbeer Kaur Bajwa, Adv.

JUDGMENT

Rajiv Sahai Endlaw, J.

1. The petition impugns the Office Order dated 14th December, 2010 of the Respondent No. 2 Kendriya Bhandar according sanction for extending the probation of the Petitioner for a period of one year with effect from 16th July, 2010, for the reason of some complaints against the Petitioner being under investigation in Vigilance Division.

2. The Petitioner was appointed to the post of Assistant Manager in the Respondent No. 2 vide appointment letter dated 1st July, 2008, Clause 2 whereof was as under:

2. You will be on probation for a period of two years in the first instance, which will be extendable at the discretion of the Management during which one month notice from either side will be necessary before leaving / termination of the services. After satisfactory completion of the probation period, your services will be confirmed in the grade / post and thereafter three months notice will be necessary from either side before leaving / terminating the services.

3. The contention of the Petitioner is that he completed the period of probation of two years on 16th July, 2010; that he has very good ACR; that he was not communicated prior to 16th July, 2010 or im












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