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ARUN BHANSALI, VIKAS BUDHWAR
Commissioner, Kendriya Vidyalaya Sangathan – Appellant
Versus
Central Administrative Tribunal, Allahabad Bench – Respondent
JUDGMENT :
(Per: Vikas Budhwar, J.)
1. Impugned in the present proceedings at the instance of Commissioner, Kendriya Vidyalaya Sangathan, New Delhi (in short ‘K.V.S.’) is the order dated 24.04.2018 of Central Administrative Tribunal, Allahabad, bench Allahabad (in short ‘Tribunal’) in O.A. No.330/01233 of 2010 whereby the original application preferred by Sanjay Singh (in short ‘original applicant’) challenging the orders dated 19.08.2009 of the K.V.S. terminating the services of the original applicant as well as the order dated 10.11.2009 holding that the appeal preferred by the original applicant on 08.08.2009 in terms of Article 81-B read with sub-para 7 of the Education Code against the show cause memorandum dated 28.05.2009 does not lie, order dated 15/18.06.2010 whereby the revision preferred by the original applicant against the termination order dated 19.11.2008 needs no reconsideration and the order dated 02.07.2010 rejecting the representation of the original applicant for reconsideration of the order discharging him from service, has been allowed, all the orders impugned have been set aside and original applicant has been ordered to be reinstated back in service.
2. A joint
Termination of a probationer can be valid if based on unsuitability without a misconduct inquiry; such termination is not punitive.
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.
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....
The termination of a probationary employee requires adherence to principles of natural justice, including proper evaluation and opportunity to improve, rendering arbitrary terminations invalid.
Termination of a probationer must follow prescribed procedures; failure to do so renders the termination illegal and potentially stigmatic.
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....
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