Case Note & Summary
The appellant, Kum. Sowmya R, was appointed as a Stenographer in the Karnataka High Court and was on probation. By order dated 15.02.2019, the Principal District & Session Judge, Kodagu-Madikeri, discharged her from service. She challenged this order before a learned Single Judge in W.P No.11366/2022, which was dismissed on 14.06.2023. The appellant then filed an intra-Court appeal under Section 4 of the Karnataka High Court Act. The appellant argued that the termination order was stigmatic and therefore required an opportunity of hearing. The Division Bench, after hearing the counsel and perusing the appeal papers, held that the termination order was not stigmatic as it merely stated that her services were no longer required. The court observed that a probationer can be discharged without inquiry if the termination is not punitive. The appeal was dismissed as devoid of merits.
Headnote
A) Service Law - Termination of Probationer - Stigmatic Order - The court considered whether the order discharging a probationer from service was stigmatic. The court held that the order must be read as a whole to determine if it is stigmatic. In the present case, the order merely stated that the appellant's services were no longer required and did not contain any stigma. Therefore, no opportunity of hearing was required. (Paras 1-3) B) Service Law - Probation - Discharge - The court held that a probationer has no right to the post and can be discharged during or at the end of the probation period if the appointing authority is not satisfied with his performance. The order of discharge simpliciter is not punitive and does not require a formal inquiry. (Paras 1-3)
Issue of Consideration
Whether the termination order dated 15.02.2019 discharging the appellant from service is stigmatic and therefore requires an opportunity of hearing before termination.
Final Decision
The appeal is dismissed as devoid of merits.
Law Points
- Probationer can be discharged without inquiry if termination is not stigmatic
- Termination order must be examined in entirety to determine if it is stigmatic
- Stigmatic termination requires opportunity of hearing
