Sukhdev Singh Kang, J. - (1.) At issue in this writ petition under Art. 226/227 of the Constitution of India is the legality and validity of order dated April 6, 1985 (copy appended as Annexure P-4) passed by the Financial Commissioner and Secretary to Government, Haryana, Health Department, dispensing with the services of Dr. Jai Singh Malik, petitioner.
(2.) A broad-brush factual back-drop will help delineate the contours of the pistinely forensic controversy raised in this writ petition.
(3.) Dr. Jai Singh Malik, petitioner, having served as a Medical Officer on ad hoc basis since 1977, was appointed as a Medical Officer in the Haryana Medical Service Class-II vide order dated Aug. 7, 1980 (copy appended as Annexure P.-2). He continued to serve the Department to the best of his ability and was reckoned to be a good officer in his Annual Confidential Reports. On completion of two years of service in terms of rule 11 of the Haryana Civil Medical Service (Class-II) Rules, 1978 (hereinafter referred to as 'the Rules'), which govern the petitioner's service conditions, the Government issued a certificate dated March 8, 1983 declaring that the petitioner had satisfactorily completed two years probationary period on March 31, 1982. However to the petitioner's shock and surprise the State Government passed orders dated April 6, 1985 that the petitioner's services were no longer required and the same were terminated as per terms of letter of his appointment. Before this order could be served on the petitioner, he came to know about the same, and challenged the same through this writ petition. The Motion Bench had stayed the operation of the impugned order and the petitioner continues to be in service.;