BHASKARAN NAIR Vs. SECURITY OFFICER R P F

JUDGEMENT

(1.) The petitioner was selected for the post of Assistant Sub Inspector of the Railway Protection Force with effect from 15-6-1973 subject to satisfactory completion of probation for a period of two years. His probation commenced on 5-8-1974. On 30-10-1975 his probation was terminated and he was reverted. Challenging the termination of probation on the ground that it was by way of punishment for misconduct and, questioning the right of termination during the period of two years, he approached this Court in O.P No 5316 of 1975. By Ext. R1 this Court rejected the contention that any punishment was involved in the termination of the petitioner's probation. However, this Court posed the question whether the probation could be terminated before the expiry of the specified period of two years, but did not express any final opinion in view of the alternative remedy available to the petitioner. Since Ext. R1 has become final, it is no longer open to the petitioner to contend that the termination was by way of punishment. The only contention which is therefore urged before roe is as to the correctness of the finding of the Appellate Authority that the probation was properly terminated on 30 10-1975.

(2.) Although it is not open to the petitioner to contend that the termination was by way of punishment, I would refer to Explanation (v) to R.41 of the Railway Protection Force Rules, 1959 (the "Rules"), for a different purpose. The relevant portion of R.41 reads:

(3.) Accordingly I am of the view that the authority which terminated the petitioner's probation has the competence to do so. Whether the discretion vested in the authority to terminate the probation had been validly exercised is a matter which is not open to question unless there is evidence to show that the order is vitiated by reason of mala fide or the like. I am not satisfied that the impugned orders suffer from any such defect. The O. P. is accordingly dismissed. No costs.