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2007 Supreme(Del) 2100

High Court Of Delhi
SANJIV KHANNA
PINAKI GHOSH - Appellant
Versus
INTERNATION AIRPORT AUTHORITY OF INDIA - Respondents
LPA 2058 Of 2006
Decided On : 09/21/2007

Advocates Appeared:
Anurag Mathur, DIPAK BHATTACHARYA, RAJAN SABHARWAL, Seema Bhaduri

The termination of a probationer's service for unsatisfactory work, in accordance with the terms and conditions of appointment and applicable regulations, is valid and non-stigmatic.

Headnote:

Termination - Employment - IAAI Regulations, 1980 - Regulation 12 - The judgment discusses the appellant's termination from employment by the respondent-IAAI and the relevant clauses of the appointment letter and regulations. It highlights the authority's right to terminate the appointment at its discretion, the probationary period, and the appellant's unsatisfactory performance. The court refers to various Supreme Court decisions to establish the legality of the termination and the non-stigmatic nature of the order.

Fact of the Case:

The appellant was terminated from his employment by the respondent-IAAI. The appellant challenged the validity and legality of the termination, arguing that it was stigmatic and required a proper departmental inquiry.

Finding of the Court:

The court found that the appellant's performance was unsatisfactory during the probation period, and the termination was in accordance with the terms and conditions of his appointment and the IAAI Regulations, 1980. The court held that the termination was not stigmatic and was valid.

Issues: Validity and legality of the termination, stigmatic nature of the termination order, applicability of probationary period and regulations.

Ratio Decidendi: The court established that the termination was valid as the appellant's performance was unsatisfactory during the probation period, and the order was non-stigmatic. It relied on the relevant clauses of the appointment letter and IAAI Regulations, 1980, along with Supreme Court decisions.

Final Decision: The appeal was dismissed, and the court found no merit in the appellant's challenge against the termination.

MUKUNDAKAM SHARMA, CJ.

( 1 ) THE appellant herein was appointed as Legal Officer by the respondent-IAAI with effect from 8th March, 1984 through appointment letter dated 23rd March, 1984. In the said appointment letter it was stated that the appellant's appointment /continuation in service would be subject to his being medically fit. Clause 7 of of the said appointment letter, which is relevant for the purpose for deciding the present appeal and reference to which was made during the course of submissions, is as under:

"7. Notwithstanding any of the clauses of this letter of appointment, the authority reserves the right to terminate your appointment at its absolute discretion after giving you one month"s notice or on payment of one month"s salary in lieu thereof without assigning any reason. Similarly, you shall be at liberty to resign from the service after giving one month"s notice. "

( 2 ) ANOTHER clause, which is also relevant, is clause 9 which reads as follows: "you will abide by the rules and Regulations of the authority which may be in force from time to time. "

( 3 ) IN clause 17 of the said appointment letter it was stated that if the terms and conditions in the appointment letter are acceptable to him he would return the attached acceptance of the terms and conditions of his appointment and that he would report for duty to the General Manager Madras on or before 23rd March, 1984. The appellant accordingly accepted the aforesaid terms and conditions including the term that he will abide by the rules and regulations of the authority, which may be in force from time to time.

( 4 ) REGULATION 12 of the IAAI (General Conditions of Service) Regulations, 1980 reads as follows:

"12. Probation: (1) Every person regularly appointed in the Authority otherwise than on deputation shall be required to be on probation for a period not less than one year from the date of appointment or for such period as the Authority may prescribe but not exceeding two years. (2) During the period of probation an employee directly recruited shall be liable to be discharged from service if his performance is not found satisfactory or upto the standard. (3) xxxx (4) xxxxx (5) xxxxx".

( 5 ) IT is claimed by the appellant that during the course of his employment the respondent found the services of the appellant very satisfactory and that he was commended also by the then General Manager. He alleges that when the new General Manager took over charge, he started expressing dissatisfaction about the performance of the appellant. One of the letters issued to the appellant by the said General Manager was brought to our notice in support of the aforesaid stand taken by the appellant. The said memo is dated on 22/25th January, 1985 wherein the General Manager had expressed dissatisfaction with the performance of the appellant. It was also recited in the said memo that making allegations against senior officers was not a healthy tendency. The appellant was warned and asked to refrain from making such allegations and was called upon to improve his performance. In reply to the aforesaid memo, the appellant wrote a letter dated 16th February 1985 stating that it was difficult to work and show improvement in the assigned task without the help of an assistant and he denied that he had levelled allegations against senior officers. On 16th March, 1985 another memo was issued to the appellant whereby he was directed to show cause why disciplinary action should not be initiated against him for his lapses which were mentioned in the said memo. It was stated in the said memo that during the second week of March, 1985 two volumes of personal files were handed over to the appellant after obtaining proper receipt, as the same were required by him. On 11th March, 1985, the said two files were returned to the Dealing Assistant after taking a receipt, half an hour in advance. On verification of the said files it was found that a particular file was totally empty and that so












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