RAM PRAVESH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has directed against the judgment dated January 21, 1988 whereby and whereunder prayer of the appellant for quashing the order of his termination was rejected.

(2.) From the materials on record, it would appear that pursuant to the decision of the Council of Ministers, a memorandum was placed before the Board of Directors for appointment to the post of Managing Director in the Bihar State Electronic Development Corporation Limited. Thereafter, by the letter dated September 8, 1984 issued by the Special Secretary, the appellant was appointed, on probation for a period of two years. It was also indicated that on expiry of the period of two years, the appellant would be confirmed provided his services were found satisfactory. The appellant having accepted the terms and conditions of the appointment, joined the post and started working. But, according to the respondent-authority, since the appellant utterly failed to perform his duty satisfactorily during the aforesaid period of probation, therefore, by the letter dated December 12, 1985, his services were terminated.

(3.) The appellant has challenged the aforementioned order mainly on the grounds: (a) that the State of Bihar being not the competent authority, the condition of probation of two years should not have been incorporated in the letter of appointment, and (b) in any event, the respondents were not justified in law to terminate the services of the appellant during the period of probation and that too without getting approval of the Council of Ministers.