Mahitosh Mazumdar, J. - (1.) This writ application is directed against an order being No. G.M. (P & A)/3622, dated September 30, 1983 passed by the General Manager (P & A), Indian Iron & Steel Co. Ltd., respondent No, 4 herein, terminating the service of the petitioner. The said order of termination as contained in Annexure I to the writ application reads thus: "Lt. Col. D. Chattacharyya, Kulyi. You were appointed in the Security Department of the Company under Appointment Officer No. PL/OD/9/2470, dated 1.10.81 as Dy. Chief Security Officer on terms and conditions contained therein. You, in terms of the contract were on probation for a period of twelve months from the date of your joining (1.4.82) which could be extended at the discretion of the management. Since your services during the probationary period were not found satisfactory, in order to give you a chance for improvement, your probationary period was extended by another period of six months which expires today. The management has carefully evaluated your performance during the extended period of probation also but finds the same to be not satisfactory. Accordingly your services with the Company are terminated with effect from the afternoon of the date hereof. You may please hand over the Company's properties including papers lying with you to Sri S. C. Rakshit, Security Officer, you will be paid your dues as per Company's rules on receipt of 'No demand Certificate' from all concerned. This issues with the approval of the Competent Authority. Please acknowledge receipt. Sd. S. N. Das, 30.9.83 General Manager (P&A)."
(2.) The facts of the case in brief may be stated as follows: The petitioner joined the Joint Services Wing as cadet in January, 1950. Thereafter, the petitioner in the month of January 1952 joined the Indian Military Academy as a Gentleman Cadet and on the 13th December, 1953 the petitioner was again commissioned as an officer in the Indian Army as 2nd Lieutenant. On 13th December, 1953 the petitioner was promoted to the post of Captain. Prior to the said promotion the petitioner since the year 1956 held the acting rank of Captain. Since 1962 the petitioner held the acting rank of Major and was subsequently promoted as Major on the 13th December, 1960. On the 13th December, 1978 the petitioner was promoted as Lt. Colonel. In the Army the petitioner held various responsible posts and also rendered the service with distinction and ability. Consequent upon the selection of the petitioner to the post of Deputy Chief Security Officer in the respondent company which by reason of instrumentality, agency and control comes within the reach, sweep and ambit of Article 12 of the Constitution of India the petitioner took premature retirement from the Army on March 31, 1982 although the petitioner had services still left. The copy of the letter of appointment is contained in annexure 'D' to the writ application. The relevant provisions of the Personnel Policy Circular No. 92, dated 14.9.81 as contained in Annexure 'E' to the writ petition are contained in paragraphs 4.1 (b), 5, 2, 6, 4 and 7.3 of the said Annexure. The said paragraphs for the sake of convenience are quoted below: - "4.1 On fresh appointment. (b) All other executives appointed in IISCO/STILL shall be on probation for a period of twelve months. 5.2 : Where it is found that a probationer is not making satisfactory progress or shows himself to be inadequate for the post in any way, the short comings shall be brought to his notice during the probationary period itself to enable him to make special efforts at self-improvement. 6.3 : Subject to para. 6.2. orders of confirmation shall be issued within a period of one month of the expiry of the probationary period. 7.3 : The decision to extend the probation shall be communicated to the executive within one month of the expiry of the initial probationary period. The executive should also be counselled regarding inadequacies/ deficiencies observed in his performance and conduct to enable him to improve during the period of extended probation."
(3.) The petitioner asserted specific charges of mala fide against Major P.J.B. Rana, Additional Chief Security Officer, respondent No. 6 to the writ application. There was no affidavit-in-opposition filed on behalf of respondent No. 6; as a result the said allegations made by the petitioner against respondent No. 6 remain unchanged and uncontroverted.;