IMPORTANT POINT
Termination of a probationer based on misconduct requires a formal enquiry; failure to do so renders the termination stigmatic and punitive.

JUDGMENT :

AMIT SHARMA, J.

1. The present writ petition under Article 226/227 of the Constitution of India seeks the following prayers:

“a) To Issue a writ, order or direction in the nature of certiorari, quashing or setting aside the impugned order dated 31.05.2024, passed by the Hon'ble Central Administrative Tribunal, Principal Bench, New Delhi, in O.A. No. 2776/2016;

b) To uphold the termination order dated 21.10.2013, terminating the Respondent's services based on unsatisfactory performance during the probation period;

c) To issue any other suitable Writ, Order or Direction which this Hon’ble court may deem fit and proper under the circumstances of the case in the interest of the Petitioner.”

2. The case of the Petitioners is that the Respondent was appointed as an M.T. Driver in the Indian Military Academy, Dehradun on probation vide appointment letter dated 2nd April, 2012 and was put on probation for a period of 2 years. The Respondent’s service was terminated vide an order dated 21st October, 2013 with effect from the date of order. The aforesaid order was challenged by the Respondent before the Appellate Authority which was upheld vide its order dated 24th October, 2014. Thereafter, Revision Petition was preferred by the Respondent which was rejected by the Revisionary Authority as well.

3. The order dated 21st October, 2013 was challenged by the Respondent by way of O.A. 2776/2016 and vide the impugned judgment dated 31st May, 2024 the said order has been set aside.

4. The ld. Tribunal while setting aside the said order has observed and held as under:

“16. To summarize, the Respondents advertised the posts of MT Driver. The applicant had applied and was extended the offer of appointment. In terms of this appointment, he was placed under probation for a period of two years. The applicant’s appointment has been terminated on the ground of misconduct, particularly, that he is in the habit of consuming alcohol during working hours and he is a regular absentee, which has been construed as unsatisfactory performance. During the probation period, he has been issued certain warnings and he represented against the same.

17. The contention of the learned counsel for the Respondents that the applicant would be bound by the conditions of offer of appointment (Annexure-A/4) is misplaced. In sum and substance, it runs contrary as on the one hand, it says that the probation of the applicant could be extended for a period of two years and on the other hand it states that his services would be liable to be terminated without any notice or further reasons. The condition is clearly in violation of the principles of natural justice. Though we are in conformity with the learned counsel for the Respondents that his services could be terminated for unsatisfactory performance, while in the present case, the applicant is a Driver and in the impugned order it does not find mention that he was not performing his duties satisfactorily.

18. Further, there are several reasons cited in the impugned order which goes on to establish that the alleged misconduct inspired the Respondents to pass the orders. Even the Appellate Authority while deciding the appeal, has reproduced that it was the conduct of the applicant that inspired the Respondents to pass the termination order. According to us, the services of the applicant could only be terminated for the reason of unsatisfactory performance as a driver and not misconduct during the probation period without following the principles of natural justice. We may refer to the Master Circular on Probation/Confirmation in Central Services issued through OM dated 11.03.2019 by the DOP&T. Relevant paras 15 to 17 of the said Circular read thus:-

“15. If during the period of probation, a probationer has not undergone the requisite training course or passed the requisite departmental examinations prescribed (proficiency in Hindi, etc.), if any, the period of probation may be extended by such period or periods as may be nece