IMPORTANT POINT
Termination of a probationer can be valid if based on unsuitability without a misconduct inquiry; such termination is not punitive.

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 statement has been made by learned counsel for the rival parties that the pleadings are complete and they do not intend to file any further affidavits and the writ petition be decided on the basis of the documents available on record. With the consent of the parties, the writ petition is being decided at the admission stage.

Facts

3. The case of the original applicant projected before the Tribunal was that pursuant to a recruitment exercise undertaken by the K.V.S., the original applicant after facing selection was offered appointment on the post of Work Experience Teacher in the pay scale of Rs. 5500-175-9000/-in Kendriya Vidyalaya, Dinjan, Assam on 19.11.2008. As per the offer of the appointment to the post of Work Experience Teacher, the original applicant was to report on duty by 05.12.2008. The original applicant claims to have reported for duty on 02.12.2008 and performed his duties with utmost sincerity till 12.12.2008. Since Dinjan happened to be a very cold station and the original applicant was short of warm clothes so he took permission from the Principal of the K.V.S., Assam and got his leave sanctioned w.e.f. 13.12.2008 onwards.

4. According to the original applicant, the Vidyalaya in question was going to close for winter vacation from 21.12.2008 so there was no question of any loss to the students. It is also the case of the original applicant that on the reopening of the Vidyalaya on 01.01.2009, the original applicant got his reservations done by train, however, as the ill luck it may be, there happened to be a major train accident between Allahabad and Kanpur Station resulting to cancellation of several trains which constrained the original applicant to extend his leave. Somehow, the original applicant managed to reach Dinjan on 07.01.2009 and he reported for duty on 08.01.2009. The original applicant claims to have met the Principal of the Vidyalaya requesting him to accord permission to join the duties from 01.01.2009 but for the reasons best known to him, permission was not accorded to the original applicant to enter the Vidalaya campus itself. Repeated request was extended by original applicant but the same was in vain. The original applicant again on 09.01.2009 and 10.01.2009 requested for joining the duties on 10.01.2009, the original applicant claims to have made telephonic conversation with the Assistant Commissioner of the K.V.S. and apprised him of the entire situation which was followed by a detailed representation dated 10.01.2009. Being frustrated with the odd situation and harassment meted to him, the original applicant claims to have lodged a first information report at Police Station- Dinjan. As joining was not accorded and things had become bad to worse so the original applicant having no alternative left, returned bac