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SAURABH SHYAM SHAMSHERY
Raghvendra Mishra – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Hon'ble Saurabh Shyam Shamshery, J.-
1. Undisputed Dates and Events -:
i. Petitioner belongs to 'Economically Weaker Sections' as well as he has 50% visual impairment i.e. a divyang; petitioner is an academic scholar having Bachelor's and Master's degree and has M.Phil. And Ph.D. from Jawahar Lal Nehru University; his various papers are published in UGC listed journals; he got various medals and has participated in various conference/seminars/workshops, etc.
ii. The petitioner has applied for post of 'Assistant Professor' in the Department of Sanskrit, Pali, Prakrit and Oriental Languages of University of Allahabad on 16.10.2021.
iii. In his form, a column against 'Do you have any ciriminal case pending against you in a Court of Law?', he mentioned 'Yes' and under column of details : 'For Students' Political Issue' i.e. he has not disclosed crime number and details of offence.
iv. The petitioner appeared in various rounds of recruitment process and finally by unanimous decision of 68th Emergent Meeting of the Executive Council of University of Allahabad held on 21st May, 2022, he was selected on post of Assistant Professor (Department of Sanskrit) under PWBD-A (EWS) category.
v
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.
Termination of a probationer must follow prescribed procedures; failure to do so renders the termination illegal and potentially stigmatic.
Probationary employees possess statutory protections and cannot be terminated without following prescribed procedures under the governing statute, which mandates documented grounds for unsuitability ....
Termination of probationary services requires adherence to statutory procedures including notice and opportunity for defense.
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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