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2012 (11) TMI 490 - HC - Indian LawsTermination of probation order - petitioner is a practicing advocate in the Calcutta High Court as well as CESTAT - Held that:- Rule 9(2) of the CESTAT Members (Recruitment and Conditions of Service) Rules, 1987 apart from prescribing the substantive provisions with regard to termination during probation, also prescribes the procedure, whereby such termination is to be carried out. Therefore, when the two provisions, i.e. Rule 8(3) and Rule 9(2) are read harmoniously, there is no conflict between them. The only interpretation that follows upon a conjoint reading of the said two rules is that the services of a probationer member can be terminated at any time during the period of probation and, if the probationer member happens to be a judicial member directly appointed from the bar, then his services can be terminated only after giving him one month’s notice. Thus agreeing with the submission made by the petitioner that if no notice had been given in terms of Rule 9(2) of the said Rules, the termination/discharge order dated 20-11-2009 would be bad - in - law & not agreeing with the submission made by the respondent that Rule 8(3) would apply only during the three year period of probation and that Rule 9(2) would apply only to a situation of an unconfirmed member beyond the period of three years. There is no such indication in the rules. In any event the salutary principle of interpretation must not be forget that when there is any doubt, the benefit must go to the employee. Thus as a result the ‘discharge’ order dated 20-11-2009 are set aside. The writ petition is allowed to the aforesaid extent.
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