PRADYUMAN SINH INDRASINH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Since a common question of law arises in both these petitions I intend to dispose them of by this common judgment. The facts of both these petitions though lying in short compass are different in both these applications and therefore they should be briefly but separately stated.

(2.) In Special Civil Application No. 2572 of 1080 the petitioner was recruited as a constable in June 1964 and was promoted as Head Constable in 1968. He was selected for Police Training as Police-Sub-Inspector by Selection Committee on 20/11/1978 and was sent for training. On completion of his training period which comprised of 12 months he passed the examination on 25/11/1970 at the first trial and secured 4th rank in the merit list of 237 successful candidates. He was posted as Probationary Police Sub-Inspector in Mehsana district on 2/12/1980 as trainee Inspector and was required to undergo training for a period of 18 months out of which last six months he was required to hold independent charge. On or about 17/03/1980 he was transferred and posted at Patan. According to the Petitioner though his training was progressing satisfactorily by communication dated 17/09/1980 issued by the District Superintendent of Police Mehsana respondent No. 2 herein his probationary services were terminated with the result that he was reverted to the original post of Head Constable. the Petitioner has challenged this order of termination of his probationary services inter alia on the ground that the impugned order was had in law and void as it was violative of Arts. 14 and 16 of the Constitution and was mala fide and in any view of the matter no proper assessment of his performance during his probationary period was made by the competent authority.

(3.) No affidavit in reply either at the admission stage or after the Rule nisi was issued by this Court has been filed in this Special Civil Application No. 2572 of 1980.