IMPORTANT POINT
Probationers in permanent posts are entitled to protections under the Central Civil Services (Classification, Control and Appeal) Rules, 1965, and terminations based on stigmatic allegations must follow due process and natural justice principles.

JUDGMENT :

Sujit Narayan Prasad, J.

1. This writ petition is under Article 226 of the Constitution of India, whereby and whereunder, the order dated 15.12.2022 passed by the Circuit Bench of Central Administrative Tribunal, Patna Bench at Ranchi (hereinafter referred to as CAT, Ranchi) in Original Application being O.A. No.051/00269/2021, whereby, the order dated 26.02.2021 as contained in letter no.8/3489/19-Estt-I/987, by which, the service of the petitioner, respondent no.1 herein, has been terminated as also the direction sought for confirmation of the applicant, who is the respondent no.1 in the list. The Tribunal has quashed the aforesaid impugned order and the service of the applicant, respondent no.1 herein was restored to the status as existing on 25.03.2021 prior to termination.

2. The brief facts as per the pleading made in the original application, as has been interpreted in the instant petition, read as under:-

3. It is the case of the applicant/respondent no.1 that the applicant was appointed to the post of Technical Assistant/GR III in CSIR-Central Institute of Mining and Fuel Research (CIMFR) vide order dated 25.07.2019. The appointment offer stipulated that applicant will be on probation for one year from the date of his joining which may be extended or curtailed at the discretion of the competent authority.

4. The appointment offer also mentioned that applicant's services may be terminated during the period of probation on one month notice in accordance with the provisions of the Central Civil Services (Temporary Service) Rules, 1965 without assigning any reason.

5. The applicant had joined the post on 09.08.2019. On completion of one year, applicant's services was not confirmed and his probation was extended till 07.11.2020 vide OM dated 28.08.2020. The OM extending the probation mentioned lack of sense of responsibility, unsatisfactory disposal of allotted work, inability to perform jobs in given time and lack of patience as the grounds for extension of probation. Applicant's probation was further extended by 3 months till 07.02.2021 vide OM dated 02.12.2020 on the grounds of deficiencies noted in timely completion of allotted work, inability to perform the job in satisfactory manner and lack of inquisitiveness.

6. It is the further case that after expiry of the second extension of probation, applicant was served a show cause notice vide OM dated 08.02.2021 as to why his services should not be terminated in terms the appointment offer and DOPT OM dated 11.03.2019. Applicant submitted his representation but the respondents after considering the representation decided to terminate his services w.e.f. 25th March, 2021. Respondent, the petitioner herein, vide OM dated 26.02.2021, gave one month notice to applicant terminating his services from 25th March 2021 (AN).

7. It is evident from the pleading of the respondent no.1, who was applicant before the learned Tribunal was appointed Technical Assistant/GR III in CSIR-Central Institute of Mining and Fuel Research (CIMFR) vide order dated 25.07.2019. The aforesaid offer of appointment contains a condition that the period of probation for a period of one year from the date of his joining which may be extended or curtailed at the discretion of the competent authority.

8. The further condition contained in the said offer of appointment that the applicant’s services may be terminated during the period of probation on one month notice in accordance with the provisions of the Central Civil Services (Temporary Service) Rules, 1965 without assigning any reason. Accordingly, the applicant has joined the post on 09.08.2019. On completion of one year, his service was not confirmed, rather, his probation was extended till 07.11.2020 vide OM dated 28.08.2020.

9. The applicant’s probation was further extended by three months till 07.02.2021 vide OM dated 02.12.2020 on the ground of deficiencies noted in timely completion of allotted work, inability to perform the job in satisfactory mann