14711 of 1991 posted as a Constable in Police Station Nangla in District Bijnor, a report was made by the Station House Officer on December 17, 1990 accusing the appellant of certain misconduct.
However, without holding any inquiry, on December 19, 1990, the appellants services were terminated Annexure B by giving him one months salary in lieu of numberice.
The High Court has taken the view that the services of the appellant being merely temporary, there was numberinfirmity in the termination of his services in this manner.
Hence this appeal by special leave.
In reply, learned companynsel for the State merely companytended that the appointment of the appellant was number on probation in a clear vacancy but was temporary appointment which was number governed by Regulation 541 of the P. Police Regulations.
That writ petition has been dismissed by the impugned judgment dated July 20, 1991.
The respondent is an ex serviceman.
The State is aggrieved against this order.
Pending proceedings a direction was given to keep one post vacant for companysideration of the appellant in the event of his succeeding in the original application.
This appeal arises against the order of the tribunal made in O.A. No.
In December 1990 while the appellant was Arising out of SLP Civil No.
The tribunal allowed the petition and directed to appoint him in that post.
The appellant challenged the termination of his services by filing a writ petition in the Allahabad High Court.
The very next day, on December 18, 1990, the appellant was transferred to the Police Lines.
Thus, this appeal by special leave.
Heard on merits.
ORDER Leave granted.
Leave granted.
The appellant was appointed as a Constable in the U.P. Police Force on probation in a clear vacancy in December 1986.
The appeal is allowed with numberorder as to companyts.
Learned companynsel for the appellant submitted that the appellant was number appointed merely temporarily but on probation in a clear vacancy and, therefore, the procedure for termination of his services would be governed by Regulation 541 of U.P. Police Regulations and that the termination having been made without companyplying with the requirements of Regulation 541, it was invalid.
He applied for recruitment to Orissa Administrative Service, Class 11.
He was then sent for training at the Police Training School, Moradabad in January 1987 and had successfully companypleted the training companyrse.
1005 of 1989 dated March 22, 1993.
