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IN THE HIGH COURT OF BOMBAY AT GOA
BHARATIDANGRE, NIVEDITA P. MEHTA
Vivekanand Gobre – Appellant
Versus
State of Goa – Respondent
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 staye
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).
Termination of a probationer must follow prescribed procedures; failure to do so renders the termination illegal and potentially stigmatic.
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....
A temporary employee is entitled to the same protection under Article 311(2) of the Constitution of India as permanent employees, especially against stigmatic termination without inquiry.
Service matter - Misconduct - Order of Termination from service quashed - Period of probation has been extended on account to their inefficient discharge of duty nor any record has been brought to sh....
Termination of service without a mandatory inquiry violates procedural safeguards, and authorities must justify any bypassing of these procedures.
Termination orders with allegations of misconduct require a formal inquiry and adherence to natural justice, even for contractual employees.
The discharge of a probationer must comply with procedural requirements, and insufficient assessment of performance leads to implied confirmation, while discharge based on unsatisfactory work isn't p....
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