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1995 DIGILAW 168 (GUJ)

Atmaram Somabhai Makwana v. STATE

1995-03-24

B.N.KIRPAL, H.L.GOKHALE

body1995
B. N. KIRPAL, J. ( 1 ) THE appellant was served, after his former counsel ceased to practise, but no one has entered appearance on his behalf. ( 2 ) THE appellant had filed a writ petition challenging the order dated 19th May, 1983, requiring him to pass an examination after training. The appellant had been appointed on 8th August, 1977, as a Class-II officer, on probation. Though he was required to undergo training and pass an examination, in order to be eligible for being regarded as having completed the probation successfully training was not imparted to him and, consequently, he did not appear at the examination. When the period of two years was over on 27th March, 1981, it was stated that, he had satisfactorily completed his probation period and he was appointed as Assistant Regional Transport Officer. This was followed by an order dated 13th May, 1982 of the Director of the said office to the effect that the petitioner was exempted from passing the examination. It is, thereafter, that the impugned order dated 19th May, 1983, was passed by the same Director, whereby the earlier orders were cancelled and the petitioner was required to undergo training and pass the examination. ( 3 ) THE said office order was challenged and the learned single Judge, vide his judgment dated 28th February, 1984, noted the statement of counsel for the respondents to the effect that the appellant would be given opportunity of undergoing training and to appear at the examination. The petition was disposed of in the aforesaid terms. ( 4 ) WE do not find any infirmity in the order of the learned single Judge. The rules required the examination to be passed in order to be confirmed. Admittedly, no examination was passed and, therefore, the appellant could not have been regarded as having successfully completed the probationary period. The order of 1983 requiring him to undergo training and pass the examination was valid and adequate protection has been given to the appellant by the order of the learned single Judge in this behalf. This appeal is, accordingly, dismissed. No order as to costs. .