2016 (16) SCC 464 ::(2017) 1 Scale 652 ::(2017) 2 ADJ 33 (SC) ::2018 (127) ALR SOC 57 (SC) ::(2017) 1 ESC 64 ::(2017) 1 SCT 157 ::AIR 2016 SC (Supp) 868 ::2018 (182) AIC (SOC) 36 (SC)

Supreme Court Of India

(From : Andhra Pradesh)*

Hon'ble Judge(s): J. Chelameswar, Abhay Manohar Sapre , JJ

(A) Constitution of India , Art.309— Andhra Pradesh Engineering Service Rules (1967) , R.8(c)— Note - Scope - Note appended to R. 8(c) is legislative device and part of R. 8(c) - Carries same degree of efficacy as Rule itself. The Note appended to R. 8(c) is a legislative device and part of the Rule 8(c). Therefore, it carries the same degree of efficacy as the Rule itself. While R. 8(c) obligates a probationer to pass the Account Test within the period of probation, the consequences of not passing the test are provided in the Note. Hence, the conclusion of the Tribunal that the Note 'cannot take away the effect of the Rule itself' is an inaccurate statement in law.(Para 28) (B) Constitution of India , Art.309— Andhra Pradesh Engineering Service Rules (1967) , R.8— Andhra Pradesh State and Subordinate Service Rules (1996) , R.16, R.17, R.31— Probation - Extension or termination - Probationer, who fails to pass prescribed test - Not covered by R. 17(a)(ii). Rule 17(a)(ii) stipulates that the Appointing Authority, (AA) may either extend the period of probation or terminate the probation and discharge the probationer. Obviously such a decision is required to be taken by the AA at the end of the prescribed period of probation of a probationer. Co....