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1985 (1) TMI 334 - SC - Indian LawsTermination of service - Held that:- We have considered the matter carefully and find no sufficient reason to differ from the finding of the High Court that the allegation of mala fides is not established. We think it desirable to observe that where a finding of fact has been rendered by a learned Single Judge of the High Court as a Court of first instance and thereafter affirmed in appeal by an Appellate Bench of the High Court, this Court should be reluctant to interfere with the finding unless there is very strong reason to do so. It appears from the record that the appellant’s services were terminated because on an overall appreciation of his record of service he was found unsuitable for being absorbed in the service. We are of opinion that when the order of appointment recited that the petitioner would be on probation for a period of two years, it conformed to Rule 5 of the Recruitment Rules which prescribes such period of probation. The period of two years does not represent the maximum period of probation. The power to extend the period of probation must not be confused with the manner in which the extension may be effected. The one relates to power, the other to mere procedure. Merely because procedural rules have not been framed does not imply a negation of the power. In the absence of such rules, it is sufficient that the power is exercised fairly and reasonably, having regard to the context in which the power has been granted. Appeal dismissed.
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