UNION OF INDIA Vs. B C GUPTA

JUDGEMENT

(1.) This Letters Patent Appeal is directed against the judgment dated 23-5-1979 of the learned single Judge who had allowed the writ petition of the respondent B. C. Gupta and had quashed the order passed under B. 5 (1) of the Central Civil Services (Temporary Service) Rules, 1965 (hereinafter referred to as the Rules') whereby the services of B. C. Gupta had been terminated.

(2.) B. C. Gupta had joined as a Junior Engineer (Electrical) in the Central Public Works Department on 16th August, 1976. The appointment of B. C. Gupta was temporary. According to the letter of appointment B. C. Gupta was to be on probation for a period of 2 years. The probationary period could be extended at the discretion of the appointing authority. Failure to complete the period of probation to the satisfaction of the competent authority enabled the said authority to discharge him from service.

(3.) B. C. Gupta was initially posted at Sambha (J & K). The Assistant Engineer (Electrical) under whom he worked at Sambha was one Shri M. L. Tikku and the Executive Engineer (Electrical) stationed at Jammu was at that time one Shri S. K. Chawla, B. C. Gupta was transferred by order dated 6th Dec, 1976 from Samba to Madhopur where he worked under Assistant Engineer Shri G. L. Raina. Thereafter B. C. Gupta was once again transferred from Madhopur to Udhampur. All these orders of transfer were under the signatures of Shri S. K. Chawla. It appears that the petitioner as well as his wife made representations against the said transfers but no action appears to have been taken on the same.