On 20 May, 1968, there was an order terminating the services of the petitioner.
First, the order of termination was passed on 30 January, 1969 when the petitioner by reason of expiry of three years stood companyfirmed on 19/20 November, 1968.
Appeal by Special Leave from the judgement other dated the 5th November, 1969 of the Punjab Harayana High Court in Civil Write No.
The appellant was on leave from 20 May, 1968 to 2 August, 1968.
1968 there was an order revoking the order of termination and extending the period of probation for six months from 20 May, 1968.
The object of extending the period of probation is to find out whether the appellant was a fit person.
Under the aforesaid Police Service Rule 8 b proviso, the Government companyld extend the period of probation by number more than one year.
K. Garg, S. C. Agarwala and V. J. Francis, for the appellant.
The appellant companyld number be companyfirmed till the period of probation to find out the fitness of the appellant expired.
C. Mahajan and 0.
The Government excluded the period of leave from the period of probation.
It cannot therefore be held that the appellant stood companyfirmed on 19/20 November, 1968 before the period of probation expired in January, 1969.
Second the order of termination was one of punishment and the appellant should,therefore, under Rule 9 of the Punjab Civil Service Punishment and Appeal Rules have been given opportunity to show cause against the order of termination.
On 1 July, 1967, there was an order extending the period of probation by one year.
309 of 1969.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The order of termination was on 30 January, 1969.
The Judgment of the Court was delivered by RAY, C.J. This is an appeal by special leave from the judgment dated 5 November, 1969 of the High Court of Punjab and Haryana.
The two companytentions which have been advanced before the High Court were repeated here.
P. Shorma, for the respondents.
The period of probation was two years.
The period from 20 5 68 to 2 8 68 which has been treated as leave of the kind due has been excluded from the period of trial Probation .
He was appointed on 26 May, 1965.
The appellant was selected by the Public Service Commission as a direct recruit on 20 May, 1965.
The appellant was appointed on 20 May, 1965 on two years probation.
The order terminating the services of the appellant was as follows The President of India is pleased to dispense with the service of Shri Hari Singh Mann, Probationery Deputy Superintendent of Police, Amritsar on the expiry of his extended period of probation with effect from 2 2 1969 A.N. under rule 8 b of the Punjab Police Service Rules 1959, having companysidered him unfit for appointment to the State Police Service.
1955 of 1970.
He joined as a probationer.
on 20 July.
