Point of law: It is well established position that the material which amounts to stigma need not be contained in the order of termination of the probationer, but might be contained in “any document referred to in the termination order”.

ORDER :

1. Heard Sri K. Vasudeva Reddy, learned counsel for the petitioner and SriBathula Raj Kiran, learned Standing Counsel for LIC.

2. This writ petition is filed to issue a Writ of Mandamus declaring the action of the respondent in issuing impugned proceeding No.P&IR dated 16-01-2013 as illegal and arbitrary and set aside the same and consequently, direct the respondents to reinstate the petitioner into service duly granting all other consequential benefits, such as continuity of service and back wages etc.

3. Brief facts of the case are as follows:

The petitioner is appointed as Peon on temporary basis in the office of the 2ndRespondent in the month of March, 2003 and consequently, after putting more than 8 years of service as temporary employee, the petitioner was appointed as peon on regular basis on 18.02.2012 after passing written test conducted on 26.06.2011, oral interview on 11.07.2011. The petitioner joined on 22.02.2012 and after completing six months, his probation was declared on 21.08.2012. When an anonymous complaint was received that the certificates produced by the petitioner i.e. transfer certificate No. 45400 dated 26.08.1995 and the 9th class marks memo from Government High School, Padmanagar, Karimnagar District are fake, proceedings dated 02.01.2013 was issued to the petitioner to submit his explanation. The petitioner submitted his explanation on 05.1.2013 categorically pleading that the allegation made against him is incorrect and false and that the certificates submitted by him are from Government High-School, Peddapally, but not basing on the alleged certificate of Government High School, Padmanagar. However, without considering any of the submissions made by the petitioner impugned proceeding dated 16.01.2013 was issued by the 2nd Respondent terminating him service with immediate effect on the premise that the petitioner is a probationer. In this regard, the petitioner submitted that, his probation period was only limited to 6 months, which is extendable on completion of probationary period. However, the fact remains that his probation has not been extended by the authorities, at any point of time. Therefore, the petitioner is deemed to be a regular employee. However, the 2ndrespondent issued the impugned order by imposing penalty of removal from service under Regulation39(1) (A) of LIC of India Staff Regulations, 1960 with immediate effect. The said proceeding dated 02.01.2013 was issued exclusively basing on an alleged complaint submitted by some unknown persons and also the alleged report received from the Head Master, Govt. High School, Padmanagar dated 16.08.2012. Basing on the said documents, which were obtained without petitioner’s knowledge, the 2ndrespondent is not expected to terminate petitioner’s services. A regular employee cannot be terminated without holding any regular departmental enquiry. Further, the termination of the petitioner is not one of the enumerated penalties under the staff regulations. It is incumbent on the part of the 2nd respondent to hold a regular departmental enquiry before arriving at a conclusion. However, in the instant case, no enquiry was conducted. None of the petitioner’s submissions were considered by the disciplinary authority before terminating his services. As such impugned order of termination of the 2nd respondent dated 16.01.2013 is liable to be set aside. Hence, this writ petition is filed.

4. The respondents filed counter contending as follows:

The employment notice dated 20.05.2011 stipulates that the candidates, who do not satisfy the eligibility conditions are liable to be disqualified at any stage of selection. Appointment letter was issued to the petitioner, based on the certificates viz., Form of Transfer Certificate No.45400, dated 26.08.1995 and Memorandum of Marks of 9th class pass in the month of April, 1990 mentioning Date of Birth of the petitioner as 20.07.1975, with admission No. 3864, issued by Government High School, Padmanagar, K