State of U.P. Vs. Rama Shankar & Anr.
EmailAppeal: Civil Appeal No. of 1987.
(In SLP 16885/85).
(In SLP 16885/85).
Petitioner: State of U.P.
Respondent: Rama Shankar & Anr.
Apeal: Civil Appeal No. of 1987.
(In SLP 16885/85).
(In SLP 16885/85).
Judges: A.P. SEN & B.C. RAY, JJ.
Date of Judgment: Aug 17, 1987
Head Note:
CIVIL SERVICE :
Termination of service – Respondent appointed on probation on an ad hoc basis as stop gap arrangement – Tribunal erred in treating the order of termination as one of reversion – High Court was in error in not interfering with the order of U.P. Public Services Tribunal.
JUDGEMENT:
O R D E R :
1. Delay condoned. Special leave granted. Arguments heard.
2. After hearing learned counsel for the parties, we are satisfied that the High Court was in error is 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.
3. 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 afresh on merits as expeditiously as possible after notice to the parties. No costs.
Appeal allowed.
1. Delay condoned. Special leave granted. Arguments heard.
2. After hearing learned counsel for the parties, we are satisfied that the High Court was in error is 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.
3. 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 afresh on merits as expeditiously as possible after notice to the parties. No costs.
Appeal allowed.
