JUDGMENT

Pradeep Nandrajog, J. (Oral)

CM No.18475/2013

Allowed.

LPA No.881/2013

1. We find a contradiction in the impugned judgment dated August 27, 2013. On the one hand the learned Single Judge has held that order dated September 21, 2012, terminating appellant's service during probation is non-stigmatic and on the other hand a direction has been issued in paragraph 9 that the respondent would issue a fresh termination order `which should be a simplicitor termination order'. The two cannot obviously stand.

2. Learned counsel for the appellant gives up the point concerning appellant's deemed confirmation. The reason is that the view taken by the learned Single Judge on said aspect of the matter is correct.

3. The surviving issue is : `Whether order dated September 21, 2012 is non-stigmatic'. By the order the service of the appellant was terminated while he was still under probation.

4. The order was preceded by a show cause notice dated June 05, 2012 which reads as under:

"You are engaged as Assistant Supervisor (SI), Tourism in IRCTC/NZ and presently reporting to Manager/Maharajas. Express. The record reveals that you absented yourself unauthorizedly without any sufficient cause w.e.f. 09.05.2012. You even failed to respond, in spite of my emails dated 28.05.2012 and 30.05.2012.

It was mentioned in your offer of appointment that you will initially be on probation for a period of 2 years during which you will not have any right or lien on the job/post assigned to you and you cannot claim regular employment against the post in the Corporation. If your services are found to be satisfactory based on your performance on the job and other parameters as laid down by the company at the end of the probation period, you will be confirmed. This will be done through a formal written confirmation order, otherwise the probation period may be extended further or your services will be terminated. In case of termination during probation, no notice or salary in lieu of notice period will be payable. Until and unless expressly confirmed in writing, you will be deemed to be on probation.

Your unauthorized absence from duty itself shows your gross carelessness and non-devotion to duties. You have acted like an unbecoming IRCTC official and have violated General Conditions of Service. This kind of behaviour is highly uncalled for and unwarranted from an employee who is still on probation.

You are, therefore, called upon to show cause notice as to why action contemplated under the terms and conditions of offer of appointment may not be taken against you.

Reply to this notice shall be submitted within a period of ten (10) days from the date of issue of this notice failing which it will be presumed that you have no explanation to make and decision shall be taken ex-parte as per terms and conditions of offer of appointment letter being on probation period."

5. The appellant submitted a reply dated June 15, 2012 to the show cause notice, controverting the allegations contained against him in the show cause notice.

6. With reference to the show cause notice and the reply received, vide order dated September 21, 2012 appellant's services were terminated. The order reads as under:

"Your representation No.2012/IBM/Personal/IRCTC dt. 15.06.2012 in reply to the show cause notice of even number dt. 05.06.2012 has been carefully considered. In this connection, I am directed to communicate you the following orders passed by the Competent Authority:

In order to examine the said reply, a committ