Termination of a probationer's service must be 'simpliciter' and not stigmatic or punitive. If the termination is stigmatic or punitive, the principles of Natural Justice must be complied with.

JUDGMENT :

Lapita Banerji, J.

The petitioner was appointed as a Librarian in the Berhampore College by letter of appointment dated December 7, 2016, issued by the Principal/Secretary of the College in issue. The petitioner was to remain on probation for a period of one year with effect from date of joining the post. The conditions of petitioner’s service were to be guided by the West Bengal College Teachers’ (Security of Service) Act, 1975 and the Rules framed thereunder. The College in issue is under the supervision of the University of Kalyani.

2. The petitioner joined her service vide Joining Report dated December 8, 2016. A show cause notice was issued to the petitioner on January 25, 2017. It was alleged in the show cause notice that the petitioner declined to perform the works assigned to her. Denial of the work of “Kanyashree Prokalpa” in addition to the normal duties as Librarian amounted to dereliction of duty. Disobeying the instructions of the Principal amounted to acts of insubordination. Therefore, the petitioner was required to show cause within three days why disciplinary action should not be taken against her.

3. The petitioner responded to the show cause notice by letter dated January 27, 2017 and February 8, 2017 issued to the Principal of the College in issue. The petitioner apologised for her Acts/conduct and tendered her sincere apology.

4. By a second letter dated February 8, 2017 issued to the Principal, the petitioner prayed for disbursal of her salary for the month of January 2017.

5. Thereafter, a letter of termination was issued on March 9, 2017. From the letter of termination it appears that the petitioner was grossly negligent in carrying out the Orders of the authority. The performance of the petitioner was “unsatisfactory” and “indisciplined”. Hence, the service of petitioner as an Assistant Librarian was terminated with effect from March 8, 2017.

6. The petitioner also wrote to the President-cum-Governing Body, Berhampore College to reconsider the decision of termination. The petitioner intimated that she neglected neither her duty nor her job responsibility. Since, the petitioner was of the view that the additional duty of “Kanyashree Prokalpa” would hamper her primary job responsibility as a Librarian she did not take any additional responsibility of the said “Prokalpa”.

7. The petitioner prayed for an opportunity of hearing for presenting her defence before the Governing Body by the said letter.

8. Mr. Mukherjee, learned Counsel appearing on behalf of the petitioner submitted that the Governing Body of the College by a resolution dated January 17, 2017 decided to terminate the service of the petitioner in absolute violation of the principles of Natural Justice. The said resolution for termination was taken on January 17, 2017, prior to issuance of the show cause notice dated January 25, 2017.

9. He submitted that in the Governing Body’s Meeting dated January 17, 2017, the Government nominees and the University nominees were not present. Only 6 out of 11 members were present including a Group ‘D’ Staff. Without a proper quorum, the resolution dated January 17, 2017 was adopted.

10. He relied on a decision reported in (1998) 8 SCC 1 (Whirlpool Corporation vs. Registrar of Trade Marks, Mumbai & Ors.) to contend that an availability of alternative remedy is not a bar to writ proceedings, when principles of Natural Justice have been violated. Therefore, even though there may be an alternative remedy available under the 1975 Act, the same will not be a bar to maintainability of the present writ petition.

11. Under Section 5 (2) of the 1975 Act, the Governing Body could discharge a probationer from service, if the work was not considered satisfactory. There is no allegation that the petitioner’s work was not satisfactory as a “Librarian”. Admittedly, she discharged her duties satisfactorily as a Librarian.

12. He strenuously argued that even in case of a probationer principles of Natural Justice have to be compl