SHRICHANDRA Vs. U P FINANCIAL CORPORATION

JUDGEMENT

(1.) ACCORDING to petitioner, while serving as Project Engineer in M/s. Engineering Projects (India) Ltd. (a Government of India Enterprise), he applied for the post of Chief Manager in U. P. Financial Corporation (hereinafter referred to as the Corporation) in pursuance fo the advertisement made for the same. Ultimately he was selected and appointed on the post of Chief Manager in the pay scale of Rs. 1410-2175 with four advance increments of Rs . 60/- each plus other allowances as admissible to the officers of the Corporation in the above mentioned grade. His appointment was subject to the condition that he executes a bond in favour of the Corporation on Stamp paper of Rs. 43/- for serving the Corporation for minimum period of 5 years from the date of jointing his duties. He Was called upon to resign from previous service and bring relieving certificate from previous employer. The petitioner executed aforesaid bond and produced requisite documents and joined the services of Corporation. At the time of appointment petitioner's period of probation was fixed as one year from the date of joining the duties in the Corporation. The petitioner joined the services of Corporation on 10-2-1986. In addition to four advance increments given to the petitioner at the time of initial appointment, he was given two more increments. Thereafter petitioner's period of probation was extended from 10-3-1987 to 9-3-1988 and again from 10-3-88 to 9-3-19.89, in between vide order dated 4-2-1989, petitioner was discharged from the services of the Corporation with immediate effect.

(2.) LEARNED counsel for the petitioner contended that admittedly, the petitioner was an officer of the Corporation and Regulatiou 15 of the U. P. Financial Corporation Staff Regulation 1961 (for short the Regulations) framed under section 43 of State Financial Corporation Act, 1951 (for short the Act); deals with the period of probation in the Corporation. Regulation 17 of the Regulations deals with the Managing Director's power to extend probationary period. These Regulations 15 and 17 read as under : REGULATION NO 15 : PERIOD OF PROBATION : (1) An officer directly recruited to the Corporation Service shall be required to be on probation for period which shall not be less than one year and more thin two years as may be fixed at the time of the appointment. (2) Employees, not included in sub-regulation (1) of this Regulation shall on their first appointment in the Corporation's service, be required to be on probation for six months."

(3.) LEARNED counsel for the petitioner further contended that if the petitioner was discharged from service on account of irregularities alleged to have been committed by him or having been found unsuitable for the service of the Corporation, then he was entitled to be given opportunity of being heard in accordance with the principles of natural justice which have not been followed in the instant case, consequently impugned order of termination is violative of principles of natural justice therefore, same is liable to be quashed.