Case Note & Summary
The petitioner, Rajkumar Onkar Jagtap, was appointed as an Assistant Teacher on probation for two years. He belonged to the Scheduled Caste category and held an M.A., B.Ed degree. Before the completion of his probation period, his services were terminated by giving one month's notice, stating that his work was not satisfactory. During the probation period, he was served with a memo dated 3.10.1997 and other memos from time to time. The petitioner challenged the termination before the School Tribunal, Mumbai, in Appeal No. MUM/132/1997, which was dismissed on 17.4.2002. Aggrieved, he filed a writ petition under Article 226 of the Constitution of India. The High Court considered the submissions of both sides. The court noted that it was not in dispute that the petitioner was on probation and that his services were terminated before completion of the probation period on the ground of unsatisfactory work. The court held that a probationer can be terminated without a disciplinary inquiry if the termination is based on unsatisfactory performance and not on any misconduct. The court found that the School Tribunal had considered the material on record and had come to a finding of fact that the petitioner's work was not satisfactory. The High Court found no perversity in the Tribunal's findings and dismissed the petition.
Headnote
A) Service Law - Probation - Termination - Unsatisfactory Work - Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 - The petitioner, an Assistant Teacher on probation, was terminated before completion of probation period on the ground of unsatisfactory work. The School Tribunal upheld the termination. The High Court held that a probationer can be terminated without a disciplinary inquiry if the termination is based on unsatisfactory performance and not on any misconduct. The court found no perversity in the Tribunal's findings and dismissed the petition. (Paras 2-4)
Issue of Consideration
Whether the termination of a probationary teacher during the probation period on the ground of unsatisfactory work is valid without holding a disciplinary inquiry.
Final Decision
The High Court dismissed the writ petition, upholding the order of the School Tribunal and the termination of the petitioner.
Law Points
- Probationary employee can be terminated without disciplinary inquiry if work is unsatisfactory
- Termination during probation period is not punitive if based on performance
- School Tribunal's findings on facts are not interfered with under Article 226 unless perverse
