- (1.) Leave granted.
(2.) This appeal by special leave arises from the order of the High Court of Punjab and Haryana made on September 14, 1994 in CWP No. 11874. The respondent was promoted as an Assistant Registrar of the Co-operative Societies by proceedings dated March 21, 1990. Rule 10 of the Punjab State Co-operative Service (Class II) Rules, 1958 enjoins that the promotee or direct recruit would be put on probation for a period of two years provided that the Government may allow service rendered on a post on an identical cadre or in the higher post in another department to count for probation in the said service. Rule 10 reads as under: "10. Probation. All members of the service shall on appointment remain on probation in the first instance for a period of two years, provided that Govt. may allow service rendered on a post on an identical cadre or in the higher post in another department to count for probation in the post in the service. 2. Provided further that in the case of members promoted from the State Service Class III continue officiating of four months or over shall be reckoned as a period of probation. 3. If the work or conduct of any candidate or member during the period of training of probation in the opinion of Government not satisfactory they may dispense with his service, if he has been recruited by direct appointment or may revert him to his former post if he has been recruited by promotion or by transfer. On the conclusion of the period of probation of any members of the service, government, may, if vacancy exists, confirm him in his appointment; if his work or conduct has, in its opinion been satisfactory may extend his period of probation by such period as it may think fit and thereafter pass such orders as it could have passed on the expiry of the first period of probation, provided that the total period of probation, including extension, shall not exceed three years in any case".
(3.) Though respondent had completed his probation on November 25, 1992, however, his probation was extended, in the meanwhile from time to time. On September 15, 1993, a show cause notice was issued to him as to why he should not be reverted to the substantive cadre. On consideration of the reply to show cause notice order came to be passed on February 11, 1994 reverting him to the substantive post from which he was promoted. Consequently, he filed writ petition. The High Court has allowed the writ petition holding that since he was not reverted before expiry of 3 years, he must be deemed to have been confirmed and that, therefore, the reversion order was held bad in law. The High Court did not express any opinion on the adverse remarks commented upon the performance of the respondent. Thus, this appeal by special leave.;