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SUREPALLI NANDA
Md. Ebadulla Khan – Appellant
Versus
Life Insurance Corporation of India Limited. Rep. by its Senior Divisional Manager – Respondent
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
A termination order based on allegations of misconduct without conducting a departmental inquiry is stigmatic and punitive in nature, requiring compliance with principles of natural justice.
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 must not cast stigma without due process; otherwise, it is deemed illegal and arbitrary.
Stigmatic termination orders founded on misconduct allegations, even for temporary/co-terminus employees, require formal enquiry and competent authority approval for show cause; pending disclosed FIR....
Termination of a probationary employee requires a departmental inquiry if allegations of misconduct are made, and continued employment without formal disengagement results in deemed permanency.
A probationer is entitled to certain protection, and his services cannot be terminated arbitrarily or in a punitive manner without complying with the principles of natural justice.
The main legal point established in the judgment is the requirement for adherence to the principles of natural justice in employment disengagement, emphasizing the need for a detailed enquiry and opp....
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