Case Note & Summary
The petitioner, Ashish M. Sathye, was appointed as Assistant Registrar (Administration) on probation for 24 months on 4 August 2008 by the Institute of Chemical Technology (respondent no.1). He claimed to have been confirmed by orders dated 11 May 2010 and 21 August 2010. On 11 July 2014, an unsigned and undated memo was handed to him containing certain allegations, to which he replied on the same day. In 2014, he suffered an ailment and took leave. In 2015, a fact-finding committee was set up to investigate complaints against him. On 30 July 2015, the respondent no.1 passed an order terminating his services with effect from 1 August 2015. The petitioner challenged this order by way of a writ petition. The respondent no.1 filed an affidavit-in-reply through its Registrar, stating that the termination was passed after following principles of natural justice and due process, and that it was a consequence of government instructions to verify the petitioner's appointment and a fact-finding committee report. The court considered the submissions of both sides. The petitioner argued that the termination was based on an unsigned memo and without proper inquiry, violating natural justice. The respondent contended that the petitioner was a probationer and the termination was within contractual rights. The court held that the termination was valid as the petitioner was still on probation, the unsigned memo did not vitiate the process since the petitioner had replied, and the employer had the right to terminate services during probation without a formal inquiry. The court dismissed the petition, upholding the termination order.
Headnote
A) Service Law - Termination of Probationer - Unsigned Memo - The termination of a probationer based on an unsigned and undated memo and a fact-finding committee report was upheld as the employer had the contractual right to terminate services during probation without a formal inquiry, and the unsigned memo did not invalidate the process as the petitioner had replied to it. (Paras 1-3) B) Service Law - Principles of Natural Justice - Applicability to Probationers - The principles of natural justice are not required to be strictly followed in the case of termination of a probationer during the probation period, as the employer has the right to assess suitability and terminate without a full-fledged inquiry. (Paras 2-3) C) Service Law - Judicial Review - Scope - The court's interference in termination of a probationer is limited to cases of mala fides or violation of statutory provisions; in the absence of such, the termination order is upheld. (Paras 2-3)
Issue of Consideration
Whether the termination of the petitioner's services during probation was valid and in accordance with law, and whether the unsigned memo and lack of formal inquiry vitiated the termination.
Final Decision
The court dismissed the writ petition, upholding the termination order dated 30 July 2015.
Law Points
- Termination of probationer
- Unsigned memo
- Principles of natural justice
- Contractual right to terminate
- Judicial review limited
