ORDER

Special leave granted.

2. The respondent was appointed to the post of Assistant Professor on 22nd September, 1990 on probation. Within the probationary period, by order dated 16th June, 1991, his services wehre terminated. In the order terminating the services, it was mentioned as follows :

"As a matter of policy, as usual, a committee was constituted to go into the general performance of each staff. The committee after having gone through the records of each individual right from the date of his/her inception into the Institute, is of the opinion that your on the job proficiency is not upto the mark. Hence, the Institution feels that your services are no longer required."

3. The aforesaid order was challenged before the Educational Tribunal on the ground that the order terminating the appointment cast a stigma and, therefore, such an order could not be passed without holding a departmental inquiry.

4. Before the Tribunal, the appellants herein conceded and the said order of termination was set aside. Subsequently again, within the period of probation, a fresh order of termination was passed which was as follows :

Sri L.A. Balakrishna, Assistant Professor, Department of Mechanica