9911796707
TMI Blog1985 (1) TMI 334X X X X Extracts X X X X X X X X Extracts X X X X ..... appears from the record that the appellant’s services were terminated because on an overall appreciation of his record of service he was found unsuitable for being absorbed in the service. We are of opinion that when the order of appointment recited that the petitioner would be on probation for a period of two years, it conformed to Rule 5 of the Recruitment Rules which prescribes such period of probation. The period of two years does not represent the maximum period of probation. The power to extend the period of probation must not be confused with the manner in which the extension may be effected. The one relates to power, the other to mere procedure. Merely because procedural rules have not been framed does not imply a negation of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his services have been terminated without complying with clause (2) of Article 311 the order is invalid. The last contention is that the principles of natural justice were violated inasmuch as on the facts of the present case the appellant, even as a probationer, was entitled to be heard before his services were terminated. 5. On the first contention, the learned Single Judge as well as the Appellate Bench examined the material on the record and came concurrently to the conclusion that the allegation of mala fide was without foundation. Learned Counsel for the appellant has taken us through the record and has endeavoured to show that the appellant had discharged his duties ably and with integrity, and there was no reason for terminating ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... from the finding of the High Court that the allegation of mala fides is not established. We think it desirable to observe that where a finding of fact has been rendered by a learned Single Judge of the High Court as a Court of first instance and thereafter affirmed in appeal by an Appellate Bench of the High Court, this Court should be reluctant to interfere with the finding unless there is very strong reason to do so. 6. The second contention on behalf of the appellant is that the appellant must be deemed to have been confirmed inasmuch as he was allowed to continue in service even after the expiry of the period of probation of two years specified in the order of appointment. We are of opinion that when the order of appointment recited ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... entire record of service rendered by the appellant and to determine whether he was suitable for confirmation or his services should be terminated. There was no right in the appellant to be confirmed merely because he had completed the period of probation of two years and had passed the requisite tests and completed the prescribed training. The function of confirmation implies the exercise of judgment by the confirming authority on the overall suitability of the employee for permanent absorption in service. 9. The second contention must also be rejected. 10. The last contention is that the appellant should have been heard before his services were terminated. The order of termination does not contain any stigma or refer to any charge ..... X X X X Extracts X X X X X X X X Extracts X X X X
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