UNIVERSITY OF CALCUTTA Vs. BISWARUP SARKAR

JUDGEMENT

(1.) The precedence of "substance over from" in scrutinising an administrative order of dismissal in relation to the service of a probation officer is the subject matter for consideration in this appeal.

(2.) The appeal is arising out of an order dated 19th June, 2020 passed by the learned Single Judge in a writ petition filed by the respondent/writ petitioner challenging, inter alia, a resolution adopted by the Syndicate of the University of Calcutta on 20th March, 2019 and communicated to the petitioner by a memo dated 20th March, 2019 issued by the Registrar (Acting) of the University of Calcutta.

(3.) Shorn of unnecessary details, the facts are that the writ petitioner was appointed on probation to the post of Deputy Controller of Examinations in the University for a period of one year from the date of the petitioner joining the post, which could be terminated with one month's notice from either end. The probation period, however, could be extended for a further period of one year, if necessary, and the confirmation of the service would be considered, subject to the satisfactory completion of the probationary period by the writ petitioner.