Termination of a probationary employee is lawful if principles of natural justice are followed and performance is deemed unsatisfactory.

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 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 with a charge-sheet dated 06.09.2007 making allegations that he has not discharged his duties of Assistant Teacher, Vyayam diligently and was indulged in activities, which were determined to the interest of Institution and despite repeated requests, he had not improved his conduct.

4. The petitioner had submitted a reply to it and denied the charges by a reply dated 17.09.2007. The Institution thereafter submitted a letter dated 20.09.2007 to the petitioner assigning reasons that they were not satisfied with his reply and all allegations were reiterated.

5. The Manager of the Institution submitted a charge sheet dated 08.10.2007 mentioning eight charges. For reference the same are reproduced hereinafter:-

6. The petitioner replied to the charge-sheet and denied all charges levelled against him. Thereafter, the petitioner was required to appear before the Inquiry Committee. Learned counsel for petitioner submitted that certain objections were filed by the petitioner that relevant documents were not provided still the Inquiry Committee thereafter submitted a report dated 14.11.2007, whereby all the charges were found to be true and proved and the petitioner’s work was found unsatisfactory, therefore, it was proposed that probation period be not extended and his services was terminated. The relevant part of the inquiry report is reproduced hereinafter:-

7. The Manager of Committee of Management of college thereafter issued a show cause notice dated 20.11.2007 along with a copy of the inquiry report and fixed a date for consideration of the report and reply.

8. In the aforesaid circumstances, the impugned order dated 26.11.2007 was passed whereby petitioner’s services were directed to be terminated with effect from 03.01.2008. The impugned order dated 26.11.2007 is mentioned hereinafter:-

9. Aforesaid order was impugned in present writ petition. A fresh advertisement to fill up the post of Assistant Teacher, Vyayam was also under challenged by way of an amendment.

10. It is not under dispute that in pursuance of said fresh recruitment process, one Waliuzzaman Khan was appointed and when his salary was not paid by subsequent order dated 29.06.2009, he along with Committee of Management had filed a writ petition being Writ-A No. 52910 of 2011 (C/M K.L. Jain Inter College Sasni Mahamaya Nagar & Anr. vs. State of U.P. & Ors.