Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India Art. 311 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Public Servant-Probationer-Discharge from service for unsatisfactory work-If entitled to protection under the Constitution and the Rules -Civil Services (Classification, Control and Appeal) Rules, rr. 3 (a), 49, 55-B- Constitution of India, Art. 311 (2). The appellant was appointed on probation for one year as Programme Assistant on May 3, 1949, on condition that his services might be terminated without any notice and cause being assigned during that period. He agreed and joined service on these terms on July 4, 1952, he was called upon to show cause why his services should not be terminated and as the explanation given was not satisfactory, his services were terminated after August 31, 1952. On an application moved under Art. 226 of the Constitution the High Court dismissed the application and held that the appellant was not entitled to the protection of Art, 311 (2) of the Constitution, that rr. 49 and 55-B of the Civil Services Rules did not apply and that he was governed by the contract of his service. |
Judge | Honble Mr. Justice K.N. Wanchoo |
Neutral Citation | 1963 INSC 41 |
Petitioner | Ranendra Chandra Banerjee |
Respondent | Union Of India |
SCR | [1964] 2 S.C.R. 135 |
Judgement Date | 1963-02-18 |
Case Number | 271 |
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