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IN THE HIGH COURT OF DELHI AT NEW DELHI
ANIL KSHETARPAL, AMIT MAHAJAN
Aman Pratap Singh – Appellant
Versus
Govt. of NCT of Delhi – Respondent
JUDGMENT :
ANIL KSHETARPAL, J.
1. The present petition has been filed under Article 226/227 of the Constitution of India, 1950 [hereinafter referred to as "Constitution"] assailing Notification bearing dated 10.10.2024 issued by the Respondent No.1 [hereinafter referred to as "Impugned Notification"] as also the consequential order dated 14.10.2024 [hereinafter referred to as "Impugned Order"] passed by the Respondent No.2 [hereinafter referred collectively as "Impugned Actions"] through which the services of the Petitioner during probation period have been dispensed with.
BRIEF BACKGROUND
2. In order to examine the merits of the case, the relevant facts are required to be noticed.
3. The Petitioner, having successfully traversed the rigours of selection was appointed to the Delhi Higher Judicial Service (DHJS) by way of Notification dated 28.04.2023, issued by the Respondent No.1, placing him on probation for a period of 02 years. Pursuant thereto, the Petitioner joined DHJS on 29.04.2023, and after undergoing the prescribed training, was posted as Additional District Judge-01, South-West District, Dwarka, Delhi, by way of the Posting/Transfer Orders dated 29.08.2023, whereupon he form
Termination of a probationer cannot be deemed punitive unless established misconduct is proven; unsuitability based on overall assessment suffices for discharge under Delhi Higher Judicial Service Ru....
Discharge of probationers is considered punitive when based on allegations of misconduct, requiring a proper inquiry under Article 311(2) of the Constitution.
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....
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....
Probationary employees have limited protections under Article 311, permitting non-stigmatic terminations based on suitability assessments without the full rigor of disciplinary proceedings.
The main legal point established in the judgment is the distinction between termination simpliciter and punitive termination based on the nature of the inquiry and the purpose of the termination.
Termination of a probationer based on misconduct requires a formal enquiry; failure to do so renders the termination stigmatic and punitive.
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 a probationer must follow prescribed procedures; failure to do so renders the termination illegal and potentially stigmatic.
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