Case Note & Summary
The petitioner, Shri Uttam K. Pal, joined the services of the State of Goa as an Assistant Teacher on 4.1.1982. With permission from the Directorate of Education, he applied for the post of Block Development Officer (BDO) on 12.9.1996. The Goa Public Service Commission selected him, and he was appointed on probation for two years on 3.1.1997. His Annual Confidential Reports (ACRs) from 1.4.1997 to 2002 were recorded as good, very good, and satisfactory, and no adverse remarks were communicated to him. On 8.10.2004, the petitioner was terminated from service with immediate effect, purportedly based on adverse remarks recorded after 31.3.2002, which were never communicated to him. The petitioner claimed that he successfully passed the examination and was deemed confirmed after the probation period. He made representations to the Chief Minister and Governor, but they were not considered. The legal issues considered were whether the termination without communicating adverse remarks and without following principles of natural justice is sustainable, and whether the petitioner was deemed confirmed. The court held that the termination order based on uncommunicated adverse remarks is violative of natural justice and cannot be sustained. It further held that after successful completion of probation and passing of examination, the petitioner was deemed confirmed, and Rule 5 of the Temporary Civil Services Rules, 1949 could not be applied to terminate his services without enquiry. The court quashed the termination order and directed reinstatement with continuity of service and consequential benefits.
Headnote
A) Service Law - Termination - Adverse Remarks - Non-Communication - The termination order based on uncommunicated adverse remarks is violative of principles of natural justice and cannot be sustained. (Paras 5-7) B) Service Law - Probation - Deemed Confirmation - After successful completion of probation period and passing of examination, an employee is deemed to be confirmed, and Rule 5 of Temporary Civil Services Rules, 1949 cannot be applied to terminate services without enquiry. (Paras 5-7) C) Service Law - Natural Justice - Termination without Enquiry - Where termination is stigmatic or based on adverse remarks, it must be preceded by a proper enquiry and communication of adverse remarks. (Paras 5-7)
Issue of Consideration
Whether the termination of the petitioner without communicating adverse remarks and without following principles of natural justice is sustainable in law, and whether the petitioner was deemed confirmed after completion of probation.
Final Decision
The court quashed the termination order dated 8.10.2004 and directed the respondents to reinstate the petitioner with continuity of service and consequential benefits.
Law Points
- Natural justice
- communication of adverse remarks
- deemed confirmation
- probation
- termination without enquiry
- Rule 5 of Temporary Civil Services Rules
- 1949
