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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.VIJAYAKUMAR
G. Veerabahu – Appellant
Versus
Chairman Board of Governors/Second Appellate Authority, Tiruchirappalli – Respondent
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 the petitioner before the second respondent and the first appeal came to be dismissed on 09.02.2022. The petitioner thereafter preferred a Second Appeal before the first respondent and the same was also dismissed on 25.07.2022. All these orders are under challenge in the present writ petition.
(B) Submissions of both counsels:
3. The learned counsel appearing for the writ petitioner has challenged the ord
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.
Probationary employees have limited protections under Article 311, permitting non-stigmatic terminations based on suitability assessments without the full rigor of disciplinary proceedings.
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