STATE OF UTTAR PRADESH Vs. RAMA SHANKAR

LAWS(SC)-1987-8-59

SUPREME COURT OF INDIA

Decided on August 17,1987

STATE OF UTTAR PRADESH Appellant

VERSUS

RAMA SHANKAR Respondents

JUDGEMENT

- (1.) O R D E R :
(2.) DELAY condoned. Special Leave granted. Arguments heard After hearing learned counsel the parties, we are satisfied that the High court was in error in not interfering with the order of the U.P. Public Services Tribunal. The Tribunal is obviously wrong in treating the impugned order of termination, as one of reversion. This was a case of first recruitment and the respondents had been appointed on the probation on an ad-hoc basis as a stop-gap arrangement That being so, the tribunal-could not have interfered unless it came to the conclusion that the termination was by way of punishment. We accordingly allow the appeal The judgment and order of the High Court as well as of the U.P. Public Services tribunal are set aside and the writ petition is remitted to the Tribunal for a decision a fresh on merits as expeditiously as possible after notice to the parties. No costs;

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