MUNICIPAL CORPORATION, RAIPUR vs ASHOK KUMAR MISRA

The Supreme Court held that under Rule 8 of the Madhya Pradesh Government Servants’ General Conditions of Service Rules, 1961, a probationer is deemed to continue in service unless confirmed or discharged. The Court found that the respondent's termination was invalid as it did not follow the necessary procedures outlined in the rules, specifically failing to conduct an enquiry or provide an opportunity for the respondent to be heard. The appeal was allowed, overturning the High Court's decision and affirming the validity of the termination notice issued by the Corporation.