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ALOK MATHUR
Prabhanshu Shrivastava – Appellant
Versus
State Of U. P. Thru Prin. Secy. Medical Health And Family – Respondent
JUDGMENT :
Hon'ble Alok Mathur,J.
1. Heard Sri Shivendra S Singh Rathore, Advocate, for the petitioner as well as the learned standing counsel for the opp. parties/State and R.K. Upadhyaya, Advocate, for the opp. party No. 4, and perused the records.
2. The petitioner being aggrieved by his order of termination dated 30.11.2021 has approached this court seeking a writ in the nature of Certiorari quashing the said order.
3. It has been submitted by the learned counsel for the petitioner that an advertisement was issued on 31.12.2017 for appointment on newly created 595 posts of Dental Surgeon under the Department of Medical Health and Child Welfare, U.P. The petitioner being eligible for the said selection applied in the said vacancy. He was successful in the recruitment process and vide order dated 04.10.2020 appointment letter was issued to him on permanent post against the substantial vacancy.
4. Prior to the said advertisement and selection, the petitioner had appeared for the MDS exam for post-graduate education in the Speciality of Pedodontics and Preventive Dentistry on 14.12.2018 and he was selected in the post-graduate course and had taken admission in the Government Dental Coll
Termination of a probationer must not cast stigma without due process; otherwise, it is deemed illegal and arbitrary.
Termination of a temporary employee must follow due process, including an inquiry if the action is stigmatic and punitive.
Termination of a probationary employee requires a departmental inquiry if allegations of misconduct are made, and continued employment without formal disengagement results in deemed permanency.
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....
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