Termination of a probationer does not require an inquiry unless it is punitive in nature; unsatisfactory performance alone does not constitute grounds for punitive action under Article 311(2).

JUDGMENT :

Bharati Dangre, J.

1. Being aggrieved by order dated 11.10.2022 issued by the Registrar, Goa University, thereby terminating the services of the petitioner, Dr Vivekanand Gobre, Assistant Professor, School of Chemical Sciences, in terms of the resolution passed by the Executive Council and as per the provisions of the University Statute SB-15.10.5 and applicable service rules, the petitioner has approached this Court seeking the following reliefs:

(a) This Hon'ble Court be pleased to issue a Writ of Certiorari, or a Writ in the nature of Certiorari, or any other Writ, Order or Direction, quashing the Impugned Order I dated 11.10.2022 issued by Respondent No.4;

(b) This Hon'ble Court be pleased to issue a Writ of Certiorari or a Writ in the nature of Certiorari, or any other Writ, Order or Direction, quashing the Impugned Order II dated 21.09.2022 issued by Respondent No.4;

(c) This Hon'ble Court be pleased to issue a Writ of Mandamus, or a Writ in the nature of Mandamus, or any other Writ, Order or Direction, reinstate the Petitioner as assistant professor in Goa University.

By way of interim order, it is prayed that the effect and implementation of the impugned order be stayed.

2. The petition being filed on 18.10.2022, on 02.01.2023 'Rule' was issued and the hearing of the petition was expedited.

The petitioner was permitted to amend the petition pursuant to which the pleadings were completed and at the request of the learned counsel for the petitioner, we have taken the petition for final hearing.

3. We have heard Mr Shivan Desai for the petitioner whereas the Government Advocate, Mr Manish Salkar represents the State of Goa and Mrs A. Agni, the learned Senior Advocate represents respondent Nos.3 and 4- Goa University and its Registrar.

4. The background facts reveal that the petitioner is an awardee of Ph.D degree by Technische Universitat Berlin in the year 2016 and the petition is accompanied with details of his career graph and his academic performance.

On acquiring the Post Graduate Decree, he returned to his State and joined Goa University and was appointed as an Assistant Professor purely on a contract basis from July 2018. His appointment in the said capacity continued till July 2020.

5. In August 2020, Goa University advertised the post of Assistant Professor in physical chemistry on permanent basis and since the petitioner found himself qualified for the said post, he faced the selection process and was offered an appointment on 28.09.2020 which he accepted by his communication dated 30.09.2020.

The appointment order stipulated that he shall be placed in the Pay Scale of Rs. 57700/- as per rules in Pay Matrix Level- 10 and he was held entitled to other admissible allowances as per rules. The appointment of the petitioner was on probation for a period of one year.

6. On the basis of the self-assessment report of the probation period along with recommendations of the Dean, School of Chemical Sciences, the Executive Council of the University recommended the extension of the period of probation of the petitioner by one year.

By order dated 10.11.2021, his probation period was extended by period of one year, which continued till 12.10.2022.

7. During the extended period of probation, the performance of the petitioner was assessed on the basis of Self-Assessment report and it was recommended by respondent No.2 that the performance was not satisfactory and confirmation of his service was not recommended. In the interregnum, and to be precise, on22.09.2022, the office notings recorded the lapse on the part of the petitioner which pertained to the period of absence and the Vice-Chancellor directed to inform the petitioner about his alleged behaviour and that the authorities having taken serious note of the same with an intimation that failure to show improvement during the extended period may warrant strict action against him.

A Note under the signature of the Registrar advised the petitioner to apply for extraordinary leave of