OIL AND NATURAL GAS COMMISSION Vs. DK MD S ISKENDERALI

JUDGEMENT

(1.) This appeal by special leave is directed against a judgment and order dated 10th July, 1969 of the High Court of Assam and Nagaland. The facts giving rise to the appeal lie within a very narrow compass. The respondent, Dr. Md. S. Iskander Ali, was appointed on a purely temporary basis to the post of a medical officer in the Oil and Natural Gas Commission. Under the terms and conditions of his service, he was to remain on probation for a period of one year which could be extended at the discretion of the appointing authority. The respondent was appointed on October 15, 1965, and the order of his appointment may be extracted thus:

(2.) The order of appointment was accompanied by conditions regulating his appointment and two of them may be extracted below, as they appear to be very relevant for the purpose of deciding the question at issue:-

(3.) It appears that during the period of his probation there were some reports against the respondent as a result of which a departmental inquiry was held against him but which does not appear to have been proceeded with nor was any punishment imposed on him. After he had completed the period of one year on 15-10-1966, his probation was extended for another six months and before his services were terminated, there was no express order either confirming him or extending the period of probation. Ultimately, by an order dated 28th July, 1967, the services of the respondent were terminated with effect from 28th July, 1967. The order of termination runs thus:-