Case Note & Summary
The petitioner, Dr. Vasant Pandurang Shinde, was a probationer whose services were terminated on 5-3-1987 on the ground that his performance was not satisfactory. He filed Writ Petition No.1015 of 1987 in the Bombay High Court, which was later transferred to the Maharashtra Administrative Tribunal upon its establishment and renumbered as Transfer Application No.186 of 1991. The petitioner superannuated in 1990. On 19-11-1992, the Tribunal set aside the termination order and directed the respondents to reconsider the petitioner's representation and decide the matter afresh by a speaking order. Pursuant to this direction, the respondents passed a speaking order on 8-6-1993, again rejecting the petitioner's representation and confirming the termination. The petitioner then filed the present writ petition challenging the speaking order. The court examined whether the respondents complied with the Tribunal's direction and whether the termination was valid. The court noted that the petitioner was a probationer and his services were terminated due to unsatisfactory performance. The speaking order detailed the adverse remarks and the petitioner's failure to improve. The court held that the termination of a probationer on the ground of unsatisfactory performance is permissible and that the respondents had passed a valid speaking order after due consideration. The writ petition was dismissed.
Headnote
A) Service Law - Termination of Probationer - Unsatisfactory Performance - Petitioner's services terminated during probation on ground of unsatisfactory performance - Tribunal set aside termination and directed reconsideration by speaking order - Respondents passed speaking order confirming termination - Held that termination of a probationer on ground of unsatisfactory performance is permissible and the speaking order was valid (Paras 1-5).
Issue of Consideration
Whether the termination of the petitioner's services during probation on the ground of unsatisfactory performance was valid and whether the respondents complied with the direction to pass a speaking order after reconsideration.
Final Decision
The writ petition is dismissed. The speaking order dated 8-6-1993 and the termination order dated 5-3-1987 are upheld.
Law Points
- Termination of probationer
- Unsatisfactory performance
- Speaking order
- Reconsideration after remand
Case Details
2005 LawText (BOM) (01) 129
Writ Petition No. 1086 of 2003
V.G. Palshikar, Smt. Nishita Mhatre
Shri V.M. Bhate for the petitioner, Shri S.R. Nargolkar AGP for the State- Respondents 1 to 3
Dr. Vasant Pandurang Shinde
The State of Maharashtra, The Secretary, Medical Education & Drugs Dept., The Commissioner, Food & Drugs Admn.
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Nature of Litigation
Writ petition challenging the termination of services of a probationer and the subsequent speaking order passed after remand.
Remedy Sought
The petitioner sought to quash the speaking order dated 8-6-1993 and the original termination order dated 5-3-1987, and sought reinstatement with consequential benefits.
Filing Reason
The petitioner's services were terminated during probation on the ground of unsatisfactory performance, and after remand, the respondents passed a speaking order confirming the termination.
Previous Decisions
The Maharashtra Administrative Tribunal in Transfer Application No.186/1991 set aside the termination order on 19-11-1992 and directed reconsideration by a speaking order. The respondents passed a speaking order on 8-6-1993 rejecting the petitioner's representation.
Issues
Whether the termination of the petitioner's services during probation on the ground of unsatisfactory performance was valid.
Whether the respondents complied with the Tribunal's direction to pass a speaking order after reconsideration.
Submissions/Arguments
The petitioner argued that the termination was arbitrary and that the speaking order did not properly consider his representation.
The respondents contended that the petitioner's performance was unsatisfactory and that the speaking order was passed after due consideration of all relevant material.
Ratio Decidendi
A probationer's services can be terminated on the ground of unsatisfactory performance without a full-fledged inquiry, provided the employer passes a speaking order after considering the employee's representation, as directed by the Tribunal.
Judgment Excerpts
By this petition, the petitioner has challenged the action of the respondents, terminating the services of the petitioner as the same was not satisfactory.
During the course of service, the petitioner was communicated certain adverse remarks and ultimately on 5-3-1987 the services of the petitioner was terminated on the ground that the performance of the petitioner was not satisfactory during the period of probation.
On 8-6-1993 order was passed by the respondents in compliance of the direction of the Tribunal and the representation of the petitioner was rejected.
Procedural History
The petitioner's services were terminated on 5-3-1987. He filed Writ Petition No.1015 of 1987 in the Bombay High Court, which was transferred to the Maharashtra Administrative Tribunal and renumbered as Transfer Application No.186 of 1991. The Tribunal set aside the termination on 19-11-1992 and directed reconsideration by a speaking order. The respondents passed a speaking order on 8-6-1993 rejecting the representation. The petitioner then filed the present Writ Petition No.1086 of 2003 challenging the speaking order.
