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A. S. CHANDURKAR, JITENDRA JAIN
State of Maharashtra – Appellant
Versus
Taramati Santosh Taji – Respondent
JUDGMENT :
A.S. Chandurkar, J.
Rule. Rule made returnable forthwith. By consent of the parties, the petition is heard finally.
2. The challenge raised in this writ petition is to the judgment of the Maharashtra Administrative Tribunal in Original Application No.678 of 2023 dated 7th December 2023. By the said judgment, the Tribunal has set aside the order of termination dated 19th May 2023 issued to the respondent and has directed reinstatement in service along with back-wages.
3. Facts relevant for considering the aforesaid challenge are that the respondent came to be appointed on the post of Assistant Secretary (Technical) at the Maharashtra State Board for Technical Education - MSBTE on 7th January 2021 for a period of two years on probation. The appointment is governed by the Maharashtra Engineering Administrative Service (Recruitment) Rules, 2017 (for short, the Rules of 2017). According to the petitioners, during the period of probation, she was issued five memorandums as her services were not found satisfactory. On 7th December 2022, a proposal was moved by the MSBTE to discharge the respondent from services. The matter was considered by the petitioner no.2. On 19th May 2023, th
Termination of a probationary employee must follow due process, including an enquiry if misconduct is alleged; failure to conduct such an enquiry renders the termination invalid.
Termination of a probationer based on misconduct requires a formal enquiry; failure to do so renders the termination stigmatic and punitive.
If misconduct is the foundation to pass the order, then an enquiry into misconduct should be conducted and an action according to law should follow. But if it is (sic) notice, it is not incumbent upo....
Termination of a probationary employee for unsatisfactory performance is lawful and non-stigmatic, requiring no formal inquiry or prior warning.
Termination of a temporary employee must follow due process, including an inquiry if the action is stigmatic and punitive.
Termination of a probationer can be valid if based on unsuitability without a misconduct inquiry; such termination is not punitive.
The main legal point established in the judgment is the distinction between termination simpliciter and punitive termination based on the nature of the inquiry and the purpose of the termination.
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