Case Note & Summary
The petitioners were employed as Junior Officers (Mines) with the National Mineral Development Corporation Ltd. (NMDC) at Donimalai Iron Ore Mines. They were terminated from service by orders dated 15.06.2015 during their probation period. The petitioners challenged the termination orders by filing writ petitions under Articles 226 and 227 of the Constitution of India, contending that the termination was illegal, arbitrary, and in violation of principles of natural justice as no show cause notice or opportunity of hearing was given before passing the termination orders. The respondents argued that the petitioners were probationers and their services were terminated in accordance with the terms of appointment and the relevant rules. The court examined the termination orders and found that they were not stigmatic but were simple termination orders. However, the court held that even a probationer is entitled to a hearing if the termination is punitive or stigmatic. In this case, the termination orders did not contain any stigma, but the court found that the termination was effected without any opportunity of hearing, which violated the principles of natural justice. The court relied on the principle that even a probationer has a right to be heard before termination if the termination is based on misconduct or is punitive. The court quashed the termination orders and directed the respondents to reinstate the petitioners with continuity of service but without back wages. The court also directed that the petitioners be treated as continuing in service for all purposes except back wages.
Headnote
A) Service Law - Termination of Probationer - Natural Justice - Termination order passed without any opportunity of hearing - Held that even a probationer is entitled to a hearing if termination is punitive or stigmatic - Court quashed termination orders and directed reinstatement with continuity of service but without back wages (Paras 1-10).
Issue of Consideration
Whether the termination of the petitioners during their probation period without any opportunity of hearing is violative of principles of natural justice and liable to be quashed.
Final Decision
The court quashed the termination orders dated 15.06.2015 and directed the respondents to reinstate the petitioners with continuity of service but without back wages.
Law Points
- Principles of natural justice
- Audi alteram partem
- Termination of probationer
- Article 226
- Article 227
