The termination of a probationary employee must comply with the terms of appointment and relevant regulations, and should not be stigmatic or punitive.

JUDGMENT :

B.R. Sarangi, J.

1. The petitioner, who was working as Deputy Director (Personnel and Administration) under the Orissa Electricity Regulatory Commission on probation, has filed this application to quash the order of his termination issued as per the terms of appointment and Regulation 17(d) of the OERC (Method of Recruitment and Conditions of Service of Officers and Staff) Regulations, 1997 (hereinafter referred to "Regulations, 1997") dated 07.06.2016 under Annexure-10-A, and consequential notice dated 18.06.2016 published in the Odia daily "The Sarnaj" on 17.06.2016 under Annexure-10 communicating the said order of termination.

2. The factual matrix of the case, in hand, is that the Orissa Electricity Regulatory Commission (OERC) is a Public Sector undertaking of Government of Odisha established under the Orissa Electricity Reform Act, 1995, as a part of the Reform Process in the State of Odisha. The Secretary, OERC-opposite party No. 2 issued an advertisement on 14.05.2015 inviting applications from eligible candidates for recruitment to the post of Deputy Director (Personnel and Administration). Pursuant to such advertisement, the petitioner, who was working as Associate Academic Administrator in International Institution of Information Technology (I.I.I.T.), applied for the post and on being shortlisted he was called, vide letter dated 23.06.2015, to appear at the interview before the selection board, along with certificates, on 23.07.2015. Consequent upon his selection, an office order was issued on 24.07.2015 appointing the petitioner as Deputy Director (Personnel and Administration) in the scale of pay of Rs. 15,600-39,100/- plus grade pay of Rs. 6,600/- with usual DA, as admissible to State Government employees, with a further condition that he will be on probation for a period of one year from the date of joining. On receipt of such appointment letter, the petitioner, having been relieved from his earlier employer, namely", I.I.I.T. on 27.07.2015, submitted his joining report on the very same day. Consequentially, vide letter "dated 19.08.2015, the petitioner was allowed to draw his basic pay and other allowances in: terms of his appointment letter from the date of his joining, i.e., on 27.07.2015.

2.1. As per the terms and conditions of the appointment letter, the petitioner was to remain on probation for a period of one year. While he was so continuing, he was issued with a letter by opposite party No. 2 on 11.05.2016 to the effect that arrangement in the room of the opposite party No. 3 was observed to be poor due to his poor monitoring and supervision of new office building which depicted his insincerity and lack of interest to work, and that he (opposite party No. 2) was directed to intimate the petitioner that the same would be recorded in his (petitioner's) performance report. In response to said letter dated 11.05.2016, the petitioner submitted a representation on 16.05.2016 to opposite party No. 2 that he was monitoring the shifting of the office related work and was inspecting the rooms of opposite parties No. 1, 3 and 4 and had taken necessary steps to keep the rooms in order. On receipt of such representation, opposite party No. 2, vide its letter dated 17.05.2016, intimated the petitioner that opposite party No. 3 was not happy on his performance, which he has to improve and gain confidence of the OERC.

2.2. After exchange of a series of letters and representations, ultimately on 07.06.2016, an office order was issued by opposite party No. 2 stating inter alia that OERC reviewed overall performance of the petitioner till that date and was of the considered view that his performance was not satisfactory and did not warrant any further continuance in the organization in the public interest. Therefore, in terms of the order of appointment and Regulation 17(d) of the Regulations, 1997, the services of the petitioner was terminated with immediate effect and in lieu of one month notice period, he was gra