2015 Supreme(Kar) 838
IN THE HIGH COURT OF KARNATAKA
Raghavendra S. Chauhan, J.
Raghavendra B. and Others – Petitioners
Versus
S.C. Sharma, Vice Chancellor, Tumkur University and Others – Respondents
Writ Petition No. 10085 of 2013
Decided On : 1-6-2015
For the Petitioner:Dr. Raghavendra B. Advocate.
For the Respondent: P.S. Rajagopal, Senior Counsel and Rajagopal, Associates.
Headnote:LABOUR & SERVICES - Discharge of Probationer: [Raghuvendra S. Rathore, J] Karnataka Civil Services (Probation) Rules, 1977, Rule 6 - Discharge before completion of period of probation on ground of unsatisfactory performance and unsuitability - Held, It is not stigmatic. Probationer need not be given opportunity of hearing before passing such order.
1. Dr. Raghavendra B. the petitioner, has approached this Court with the following prayers:-
(i) Issue a writ in the nature of certiorari or any other appropriate writ, order or direction quashing the Order No. TU:EST:E-1:2010-11:2876, dated 21-2-2011 (Annexure-N) issued under Rule 6 of the Karnataka Civil Services (Probation) Rules, 1977 by the respondent 3, as arbitrary, illegal and contrary to law.
(ii) Issue a writ in the nature of mandamus or any other appropriate writ, order or direction, declaring that following acts of the respondent 1 and respondent 2 against the petitioner are highly arbitrary, illegal and contrary to law and the acts of respondents 1 and 2 are as follows:-
1. No reply and actions by the respondent 1 to the complaints (produced as Annexure-AJ, dated 1-9-2012 and 3-10-2012) of the petitioner.
2. Decision of the respondent 2 (produced as Annexure-AH, dated 20-10-2012) to the fraudulent copies of SR book (produced as Annexure-AD, dated 22-9-2012) and the minutes of the syndicate meeting (produced as Annexure-AE, dated 22-9-2012).
(iii) Call for records.
(iv) Order a compensation of one crore rupees for the severe and intense damages and injuries caused to the petitioner for over five years continuously.
(v) Allow the writ petition with cost.
(vi) Grant such other relief that this Hon'ble Court may deem fit in the facts and circumstances of the matter.
(vii) And pass such orders as this Hon'ble Court deems fit in the circumstances of the case, in the interest of justice and equity.
2. The petitioner has appeared in person before this Court. At the outset, he has frankly conceded that he is only challenging the impugned order dated 21-2-2011 passed by respondent 3-Tumkur University, whereby he has been discharged from the service. He does not wish to press other prayers mentioned in the petition. Therefore, the only issue before this Court is whether the order dated 21-2-2011 is legally sustainable or not?
3. The brief facts of the case are that respondent 3-Tumkur University, published a notification dated 24-2-2010, whereby vacancy for certain teaching posts, i.e., Associate Professors, Assistant Professors and Professors were advertised. The petitioner applied for the post of Assistant Professor in Chemistry. By order dated 27-5-2010, the petitioner was appointed to the said post on probation. According to the appointment order, the petitioner was kept on probation for a period of two years. The petitioner reported to duty on 2-6-2010. On 14-6-2010, a service agreement was entered between the petitioner and respondent 3. However, according to the petitioner, the original copy of the said agreement was not given to him; only a duplicate copy was furnished to him. During his tenure, he sought for original copy of the service agreement. However, the same was not given to him. He also sought for "No Objection Certificate" for making an application to the National Institute of Technology. Even the said application was not replied to and "No Objection Certificate" was never given to the petitioner. He also prayed to respondent 2-the Registrar of Tumkur University, to give him the original copies of his documents. However, these original copies were not given to the petitioner till 21-2-2011. However, on the same day, i.e. on 21-2-2011, the petitioner was discharged from the service. Hence, this petition before this Court.
4. The petitioner has vehemently contended that the discharge as an illegal one as no reason has been assigned for discharging him from the post. According to him, only vague words like unsatisfactory and unsuitable have been used. But no reasons have been assigned for coming to the conclusion about his performance being either unsatisfactory or unsuitable. Moreover, the probation was said to be for a period of two years. Thus, he could not have been discharged till the end of the said period. Lastly, the impugned order is a stigmatic one. Since the principles of natural justice have been violat