Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.VIJAYAKUMAR
G. Veerabahu – Appellant
Versus
Chairman Board of Governors/Second Appellate Authority, Tiruchirappalli – Respondent
| Table of Content |
|---|
| 1. termination order based on employment and probation details. (Para 1 , 2) |
| 2. arguments regarding jurisdiction and procedural validity of termination. (Para 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 3. court's reasoning on non-stigmatic nature of termination and jurisdiction. (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22) |
| 4. writ petition dismissed due to lack of merit. (Para 23) |
ORDER :
1. The present writ petition has been filed by the Senior Administrative Officer of the third respondent institute challenging the order of termination dated 09.04.2020 issued by the first respondent and confirmed by the First Appellate Authority on 09.02.2022 and the Second Appellate Authority on 25.07.2022.
(A) Factual Matrix:
2. The petitioner herein was appointed as a Senior Administrative Officer on 01.08.2018. On 13.08.2018, he was assigned additional charge of Chief Administrative Officer (in-charge) with immediate effect. He was relieved from the in-charge post on 21.10.2019. The petitioner was terminated from service on 09.04.2020 during his probation period on the ground that the third respondent found that his services are unsatisfactory. This order was challenged by t
Termination of a probationary employee for unsatisfactory performance is lawful and non-stigmatic, requiring no formal inquiry or prior warning.
Termination of a probationer based on misconduct requires a formal enquiry; failure to do so renders the termination stigmatic and punitive.
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....
Termination of a temporary employee must comply with principles of natural justice and authority jurisdiction; failure to do so makes the termination invalid.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
