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MAHESH CHANDRA TRIPATHI, PRASHANT KUMAR
University of Allahabad – Appellant
Versus
Raghvendra Mishra – Respondent
JUDGMENT :
1. Heard Shri Amit Saxena, learned Senior Counsel assisted by Shri Kunal Shah, learned counsel for the appellants-respondents and Shri G.K. Singh, learned Senior Counsel assisted by Shri Sankalp Narain & Sri Srivats Narain, learned counsel for the respondent-petitioner.
2. Present Special Appeal has arisen from a judgment and order of the learned Single Judge dated 23.05.2024 passed in Writ A No.17284 of 2023 (Dr. Raghvendra Mishra vs. Union of India and 3 others) by which the writ petition filed by the petitioner has been allowed.
FACTS
3. The respondent-petitioner belongs to the category of ‘Economically Weaker Section’ and he has 50% permanent visual impairment. He is an academic scholar having Bachelor’s and Master’s degrees and completed M.Phil. and Ph.D. from Jawahar Lal Nehru University, New Delhi. In pursuance of the advertisement No.UoA/Asst. Prof/01/2021 dated 28.09.2021 published by the University of Allahabad,[University.], he applied for post of ‘Assistant Professor’ in the Department of Sanskrit, Pali, Prakrit and Oriental Languages of the University on 16.10.2021. At the time of filling up the application form in column under the head of ‘Disclosure’ contai
Termination of a probationer must follow prescribed procedures; failure to do so renders the termination illegal and potentially stigmatic.
Termination of a probationary teacher must follow due process and cannot be based on unverified allegations, as it may lead to stigmatization affecting future employment.
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Termination of a probationer does not require an inquiry unless it is punitive in nature; unsatisfactory performance alone does not constitute grounds for punitive action under Article 311(2).
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Termination without due process violates natural justice; confirmed employees must be given an opportunity to present their case per established service rules.
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