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IN THE HIGH COURT OF ALLAHABAD
Saurabh Shyam Shamshery, J.
Sanjay Kumar Sengar – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
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| 1. appointment and termination of petitioner (Para 2 , 3) |
JUDGMENT :
1. Heard Sri Sanjeev Singh, learned counsel for petitioner; Sri V.K. Singh, learned Senior Counsel assisted by Sri Samarth Singh, learned counsel for respondents and Sri Akhilesh Kumar Singh, learned counsel appearing for respondent no. 2. Sri V.K. Singh, learned Senior Counsel assisted by Sri Samarth Singh, learned counsel for petitioners in connected Writ Petition, Sri Sanjeev Singh, learned counsel appearing for respondent no. 2 in connected petition and Ms. Shruti Malviya, learned counsel appearing for State-respondent in the connected petition.
3. According to the petitioner, when he was not declared permanent and not paid regular salary, he approached the DIOS, Hathras, who passed strict orders dated 09.05.2007 and 21.05.2007 and directed Institution to pay his salary, which were challenged before this Court in Writ-A No. 24751 of 2007 by the respondent-Committee of Management, which was initially tagged with present writ petition but later on , on basis of statement made by its counsel it was disposed of being rendered infructuous by order dated 28.03.2024. The petitioner was thereafter served
Termination of a probationary employee is lawful if principles of natural justice are followed and performance is deemed unsatisfactory.
Writ petition maintainable despite alternative remedy where disciplinary proceedings violate natural justice by rejecting detailed reply to charge-sheet and failing to serve inquiry report properly a....
Probationary employees have limited protections under Article 311, permitting non-stigmatic terminations based on suitability assessments without the full rigor of disciplinary proceedings.
Termination of a probationer's service must be 'simpliciter' and not stigmatic or punitive. If the termination is stigmatic or punitive, the principles of Natural Justice must be complied with.
Termination of a probationer can be valid if based on unsuitability without a misconduct inquiry; such termination is not punitive.
The court established that the principles of natural justice must be strictly followed in employment termination cases, particularly in the context of private educational institutions, and that the a....
Termination without due process violates natural justice; confirmed employees must be given an opportunity to present their case per established service rules.
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.
The termination of services based on misconduct and forged certificates was justified under the Haryana Affiliated College (Security of Service) Rules, 2006, and the writ petitioner was given a fair ....
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