Section 561 · Paragraph 541. Recruit's Probationary Period

(1) A recruit shall be on probation from the date he takes charge of a specific position. The period of probation shall be two years, except under the following conditions:
(a) Those recruited directly from the Criminal Investigation Department or the District Intelligence Staff shall be on probation for a period of three years; and
(b) Those transferred to the mounted police shall be governed by the instructions given under paragraph 34 of the Police Regulations.
If, at the end of the probationary period, the conduct and work of the recruit have been satisfactory and the recruit has been approved for service in the Force by the Deputy Inspector General, the Superintendent of Police shall confirm him in his appointment.
(2) In any case where, during or at the end of the probationary period, the Superintendent of Police is of the opinion that the recruit is not likely to become a good police officer, he may remove him from service. However, before this is done, the recruit must be furnished with the specific grievances and grounds on which it is proposed to discharge him and then be asked to show cause why he should not be discharged. The recruit must submit his representation in writing, and it will be duly considered by the Superintendent of Police before passing the order of discharge.
(3) Every order passed by the Superintendent under paragraph (2) above shall be final, subject to the control of the Deputy Inspector General.
Note
Paragraphs 534 and 537 of this Regulation, which relate to the posting of Sub-Inspectors, are in almost the same terms as paragraph 541 of the Regulation, which relates to constables. In Nanak Chand v. State, the Full Bench of the Allahabad High Court held that Paragraph 541 of the Police Regulations applies to constables appointed on probation and not to those appointed on a temporary basis. Paragraph 541 (1) of the Police Regulations begins, "A recruit shall commence his probationary period from the date on which he begins to officiate in a clear vacancy." There is nothing in the Regulations that prevents authorities from making temporary appointments or creating temporary posts for constables. Therefore, in principle, there is no bar to making temporary initial appointments against permanent and clear vacancies, as also held in Director Panchayat Raj v. Babu Singh. From this perspective, the above sentence in this paragraph means, "A recruit appointed on probation shall commence his probationary period from the date on which he begins to officiate in a clear vacancy." This paragraph does not address the question of whether every appointment must necessarily be permanent or on probation. Therefore, the creation of temporary posts and the appointment to them, in the absence of an express provision in the Regulation, do not violate paragraph 541. The rule of strict literal interpretation will not apply only where the language of the statute is plain and precise, as is not the case here. Draft Government bills introduced in Parliament are good when combined with the provisions of the Regulation. Thus, the interpretation of this paragraph is that "every recruit appointed against a permanent post against which a vacancy is clearly available will be on probation from the date of his appointment. If the appointment is against a temporary post, he will commence his probationary period as an officiating officer from the date on which a permanent post is clearly available."
The Uttar Pradesh Temporary Government Servants (Termination of Service) Rules, 1975, have a specific provision which clearly states that temporary vacancies are subject to termination. Therefore, this also violates the provisions of the said paragraph. In State v. Chandrapal Singh, the Police Regulations were not given seniority over the said Rules (1975). (Please also see the note below paragraph 537).