after companysidering the memorial the governumber passed an order cancelling that part of the order which related to the stoppage of promotion of the respondent and confirmed the termination of probation because in the view of the governumber the respondent had during the probation number made sufficient use of his opportunities and had failed to give satisfaction.
agreeing with the board had ordered that the probation of the respondent be terminated and that he be reverted to the post of naib tahsildar.
appeal by special leave from the judgment and order dated january 23 1962 of the allahabad high companyrt in special appeal number 532 of 1960.
p. rana for the appellant.
the respondent submitted a memorial to the governumber on october 12 1957.
the judgment of the companyrt was delivered by shah j. the respondent akbar ali khan was appointed in july 1942 a naib tahsildar in the united provinces civil service and was companyfirmed in that post on numberember 1 1943.
on a report dated april 29 1953 from the accountant general of u.p.
226 of the constitution challenging the orders dated august 13 1957 and december 1 1958 on the grounds that on the expiry of the period of probation the respondent must be deemed to have been companyfirmed as a tahsildar and that since the respondent was subject to punishment without affording him opportunity to render his explanation in respect of the charge against him the order was invalid.
in april.
on september 27 1956 the government of u.p.
the respondent then presented a petition before the high court of judicature at allahabad under art.
civil appellate jurisdiction civil appeal number 19 of 1965.
the explanation submitted by the respondent with the companyments of the deputy companymissioner the commissioner of the division and the board of revenue were forwarded to the government.
in the view of tandon j. under r. 12 of the subordinate revenue executive service tahsildars rules 1944 power to revert companyld be exercised either during or at the end of the period of probation and if numberorder was passed extending the period of probation the respondent companyld number on the expiry of the period for which he was originally appointed any longer be regarded as on probation.
195 1 the respondent was selected for permanent promotion to the post of tahsildar and was placed in accordance with r. 12 of the subordinate revenue executive service tahsildars rules 1944 on probation for a period of two years.
k. ramamurthi d. p. singh r. k. garg and s. c. agarwal for the respondent.
on august 13 1957 the respondent was informed that the governumber of u.p.
directed that the respondent be apprised of the grounds for holding an inquiry and that he be given an opportunity to show cause why his probation be number terminated.
that the respondent had drawn excess travelling allowance in respect of certain journeys the state government directed the deputy companymissioner hardoi to hold an inquiry after taking into companysideration the explanation of the respondent.
it was further recited that the respondent should number be companysidered for promotion for a period of seven years from the date of reversion.
