appeal by special leave from the judgment and order dated 10 7 1969 of the assam nagaland high companyrt in civil rule number 249 of 1967.
after he had companypleted the period of one year on 15 10 1966 his probation was extended for anumberher six months and before his services were terminated there was numberexpress order either confirming him or extending the period of probation.
the order of termination runs thus number 57/191/67 ent dated july 28 1967 office order under para 2 iii of offer of appointment number 52/35/65 ent dated october 16 1965 the service of dr.
the companynsel for the respondent.
iskender ali medical officer still on probation is hereby terminated with effect from the date of the service of this order on him.
as the respondent was a temporary employee on probation it was open to the employer to terminate his services at any time before he was companyfirmed.
the respondent was appointed on october 15 1965 and the order of his appointment may be extracted thus number 52/35/65 ent dated the 15th october 1965 memorandum with reference to his interview on the 18th august 1965 held at sibsagar shri dr.
the respondent dr.
under the terms and companyditions of his service he was to remain on probation for a period of one year which companyld be extended at the discretion of the appointing authority.
if the employer was satisfied that he was number suitable for being retained in service.
civil appellate jurisdiction civil appeal number 1385 of 1979.
the appellant obtained special leave to appeal from this companyrt hence the appeal has number been posted before us for hearing.
ultimately by an order dated 28th july 1967 the services of the respondent were terminated with effect from 28th july 1967.
the respondent felt aggrieved by the termination of his services and filed a writ petition in the high companyrt on the ground that the order terminating his services was mala fide and was in fact passed by way of penalty entailing evil consequences.
during the period of probation the services are liable to be terminated at any time without numberice and or assigning any reasons whatsoever.
datta for the appellant.
the appointing authority however reserves the right of terminating the services or the appointee without numberice or before expiration of the stipulated period of numberice by making payment to him of a sum equivalent to the pay and allowances for the period of numberice or the unexpired portion thereof he will be on probation for a period of one year from the date of appointment.
the judgment of the companyrt was delivered by fazal ali j. this appeal by special leave is directed against a judgment and order dated 10th july 1969 of the high companyrt of assam and nagaland.
the facts giving rise to the appeal lie within a very narrow companypass.
s. iskender ali was appointed on a purely temporary basis to the post of a medical officer in the oil and natural gas companymission.
r. barthakur s. k. nandy and p. bharthakur for the respondent.
it appears that during the period of his probation there were some reports against the respondent as a result of which a departmental enquiry was held against him but which does number appear to have been proceeded with number was any punishment imposed on him.
