Probationers' service cannot be terminated arbitrarily -- SC

Probationers' service cannot be terminated arbitrarily -- SC
PRESS TRUST OF INDIA

NEW DELHI, MARCH 8: The Supreme Court has ruled that a probationer, like a temporary employee, is entitled to certain protection and his service cannot be terminated arbitrarily without complying with the principles of natural justice.

A division bench comprising Justices S Saghir Ahmad and R P Sethi also said that a probationer's service, even if the terms and conditions of his employment provided that it could be terminated without notice, could not be terminated in a punitive manner without giving a chance to defend himself.

The order was passed on a suit filed by V P Ahuja, challenging his termination order from the post of chief executive in a Punjab firm.

Ahuja was appointed on the post on September 29, 1998 and put on probation for two years, which could be extendable and it was stated in his appointment order that management would have the right to terminate his service without notice.

But Ahuja's service was terminated on December 2, 1998 with immediate effect on the ground that he failed in the performance of his duties administratively and technically.

He challenged the termination order in the High Court which dismissed his petition and said "the termination order is not stigmatic and nothing at all has been urged that may detract from such an order being passed during the currency of probation."

Setting aside the High Court order, the SC said "the termination order, ex facie, is stigmatic and punitive" as it was passed on the ground that Ahuja failed to perform duties both administratively and technically.

Justice Ahmad, writing the judgement for the bench, termed the High Court observation as "surprising" and refused to accept the plea of Punjab Government that Ahuja could not claim any right on the post to which he was appointed on probation and as his work was not satisfactory it was terminated as per the terms and conditions of his employment.

Asking the Government to reinstate Ahuja with all consequential benefits, the Court said, "A probationer, like a temporary servant, is also entitled to certain protection and his services cannot be terminated arbitrarily, nor can those services be terminated in a punitive manner without complying with the principles of natural justice."

Referring to Ahuja's termination order, Justice Ahmad said, "Such an order which, on the face of it, is stigmatic, could not have been passed without holding a regular inquiry and giving an opportunity of hearing to the appellant.

"The order of December 2, 1998, by which the services of Ahuja was terminated, is quashed with the direction that he shall be put back on duty with all consequential benefits," the SC said.