Decided on December 20,1968

V. K. George Appellant


- (1.) The appellant who was the Deputy Superintendent of Police in the Kerala State Police Service was by Ext. PI appointed to an existing vacancy in the promotion quota of the Indian Police Service Cadre of Kerala with effect from 10th January, 1964. The Government of India issued Ext. R1 notification, dated 31st January, 1966 terminating the probation of the appellant.and in consequence Ext. P-3 order dated 15-2-1966 was issued by the State Government terminating the probation of the appellant and retiring him from the State Police Service simultaneously. The Original Petition filed by the appellant under Article 226 of the Constitution to quash Ext. P-3 was dismissed by a learned Single Judge by the decision under appeal.
(2.) The appointment of the appellant to the Indian Police Service is under the Indian Police Service (Appointment by Promotion) Regulations, 1955 and the probation in the said service is governed by the Indian Police Service (Probation) Rules, 1954, hereinafter referred to as the probation Rules.
(3.) Rule 3(2) (1) of the probation Rules provides that every person recruited to the service in accordance with the Indian Police Service (Appointment by Promotion) Regulations 1955 shall be appointed to the service on probation for a period of one year and Rule 3(3) of the probation Rules empowers the Central Government, whenever it thinks fit in any case or cases to extend the period of probation. Rule 3-A of the Probation Rules provides that where a probationer has completed his period of probation to the satisfaction of the Central Government, he shall, subject to the provisions of the probation rules be confirmed in the service at the end of the probation. Rule 12 of the Probation Rules which is relevant for the appeal deals with the discharge of a probationer and it reads thus: 12. Discharge of a probationer. - A probationer shall be liable to be discharged from the service, or, as the case may be; reverted to his post in the State Service from which he was recruited- (a) If he fails to pass the final examination in the circumstances mentioned in rule 9; or (b) If the Central Government is satisfied that the probationer was ineligible for recruitment to the service or is unsuitable for being a member of the service; or (BB) If he is found lacking in qualities of mind and character needed for the Service or in constructive outlook and human sympathy needed in the public services generally; or (c) If he fails to comply with any of the provisions of these rules.;

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