JUDGMENT TANVIR AHMAD KHAN, J. - The petitioner through this Constitutional petition has taken exception to the orders dated 31.3.1986 and 10,8.1986 passed respectively by the Chairman, Town Committee, Sharaqpur, and the Secretary to the Government of the Punjab, Local Government and Rural Development, dismissing him from sendee.
2. Facts briefly are that the petitioner was appointed as a Tax Clerk on 1. 4.1985 on purely temporary basis in Basic Scale No. 5. Initial period of probation was six months which could be extended thereafter, if required. The respondent. Chairman, Town Committee, Sharaqpur, through his order dated 31.3.1986 terminated his services during the probationary period as having been found unsatisfactory. The petitioner filed an appeal and the Deputy Commissioner with the power of Controlling Authority set aside the termination order on 6.7.1986 simply on the ground that the petitioner was not provided any opportunity of hearing and no proper enquiry was conducted before passing the termination order. The respondent Town Committee through its Chairman filed a revision petition which was accepted by the Secretary, Local Government and Rural Development on 10.8.1986. Hence, this Constitutional petition.
3. I have considered the contentions. The argument of the learned counsel that since the six months period of probation was not extended, as such, the presumption would be that the petitioner stood confirmed is devoid of any force on two scores; firstly it is categorically mentioned in the termination order dated 31.3.1986 that the petitioner was on probation for two years and his services were terminated during that period. Nothing has been brought on record to hold otherwise to counter the presumption of regularity attached to the official's act and secondly according to Rule l2 of the West Pakistan Municipal Committee Service Rules, 1969 the probationary period is automatically extended. The rule is as under:- "Probation-(1) A person appointed to a Service against a substantive vacancy shall remain on probation for a period of two years if appointed by initial recruitment, and for a period of one year, if appointed otherwise. (c) extend the period of his probation by a period not exceeding two years in all, and during or on the expiry of such period, pass such orders as it should have passed during or on the expiry of the initial probationary period. Explanation I - If no orders have been made by the day following the completion of the initial probationary period, the period of probation shall be deemed to have been extended. "
The termination during the probationary period has been effected in accordance with the terms of appointment which clearly provided that the services could be terminated without any notice during the probationary period. The petitioner's services have been terminated as reflected from the record during the probationary period without any stigma. The termination during the 'probationary period on the ground of unsatisfactory work has not been considered as a stigma.
Reliance in this respect is placed upon Mohammad Siddiq Javaid Chaudhry v. The Government of west Pakistan (PLD 1974 SC 393) wherein it has been held as under:- "In the light of the above discussion, it appears to me that a probationer is a person who is taken in service subject to the condition that it will attain a sure footing only if during the period that he is on probation he shows that he is a fit person to be retained in service. I agree with the view expressed in Mohammad Afzal Khan v. The Superintendent of Police, Montgomery' and Riaz Ali Khan v.
Pakistan, that a person who is on probation is subject to all checks to which a permanent servant is subject. He cannot, for example, refuse to obey orders, keep his on. Hours of duty, or indulge in any malpractice. In my opinion, if the service of a probationer is terminated on the ground of unsatisfactory work that will. Not amount to dismissal or removal from service, such termination will be in terms of the contract or the rules made by the Government but if the service of a probationer is terminated on the ground of misconduct that will amount to removal or dismissal. It will be a stigma in his favour."
4. For what has been stated above, the impugned order passed appears to be just and proper, hence the writ petition is dismissed with no order as to costs.