Back
IN THE HIGH COURT OF ALLAHABAD
Saurabh Shyam Shamshery, J.
Sanjay Kumar Sengar – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. appointment and termination of petitioner (Para 2 , 3) |
JUDGMENT :
Saurabh Shyam Shamshery, J.
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.
2. The petitioner was appointed on the post of Assistant Teacher, Vyayam in pursuance of a recruitment process initiated in pursuance of an advertisement and he joined on 04.01.2006 with the respondent-institution (a Minority Institution) on rd probation of one year i.e. up to 3 January, 2006, which was rd further extended for one year i.e. upto 3 January, 2008, by a resolution of the Committee of Management of School.
3. According to the petitioner, when he was not declared permanent and not paid regular salary, he approached the
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....
Management may terminate a probationary teacher's services during probation upon forming a reasonable non-arbitrary opinion of unsatisfactory behaviour based on admitted inappropriate conduct, withou....
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
