CHHATARSAL SINGH YADAV Vs. STATE OF MP

JUDGEMENT

(1.) This is a petition under Articles 226 and 227 of the Constitution.

(2.) The petitioner was appointed as excise Sub-Inspector on probation for a period of two years vide orders dated 26-6-1962 and 9-11-1962 annexures 1 and 2. Although he was due for confirmation on 16-7-1964 no order of confirmation was passed, but he continued to serve on this post till December 1967. His services were terminated by giving him one month's notice by order dated 20th November 1967 vide annexure A.

(3.) The contention of the petitioner is that he had passed the prescribed departmental examinations and had successfully completed the course of training, and should, therefore, be deemed to be confirmed with effect from 16-7-1964 under sub-rule (2) of rule 8 of the M. P. Civil Services (General Conditions of Service) Rules, 1961 (hereinafter referred to as the Rules). Being a confirmed employee, his services could not be terminated in the aforesaid manner and his removal from service is in contravention of the provisions of Article 311 of the Constitution. He filed a review petition, which was rejected by the Excise Commissioner by order dated 6-11-1968 vide annexure D. The revision petition filed on 15-1-1969 was also dismissed by order dated 17-12-1969 vide annexure F and a petition for reviewing the order in revision met the same fate vide order dated 25-5-1970 annexure G. Thereupon, the petitioner filed this petition against the State Government praying that the order terminating his service may be quashed and it may be declared that he is still in service and is entitled to the benefits arising therefrom.