An employee on probation automatically achieves confirmed status upon completion of the prescribed period without an extension order, making subsequent discharge punitive and unjustifiable.

ORDER

Hon’ble Mr. Rajinder Kashyap, Member (A):

By filing the instant OA under Section 19 of the Administrative Tribunals Act, 1985 , seeking the following reliefs:-

“A. PASS an order quashing/setting aside the Final Order discharging the Applicant (Mr. Suresh Chand Meena) from the post of ACIT, dated 15 July 2020 passed by Respondent No. 1;

B. PASS an order directing the Respondents to re-instate the Applicant w.e.f. from 15 July 2020 with all consequential benefits;

C. PASS an order quashing I setting aside the Impugned Suspension Order dated 08 May 2019 passed by Respondents placing the Applicant under suspension along with Impugned First Extension of Suspension Order dated 31 August 2019 and Impugned Second Extension of Suspension Order dated 31 January 2020;

D. PASS any appropriate order or direction which this Hon’ble Tribunal may deem fit in the facts and circumstances of the present case.”

2. Pursuant to notice issued by this Tribunal, the respondents have filed their reply opposing the claim of the applicant and thereafter the applicant has also filed rejoinder refuting the averments of the reply filed by the respondents.

FACTS OF THE CASE

3. The applicant, having successfully qualified the Civil Services (Main) Examination, 2014 conducted by the Union Public Service Commission, secured the 829th rank. On the basis of his rank, he was allocated to the Indian Revenue Service (IRS) vide Offer of Appointment dated 17 December 2015 (Annexure A-1). The said Offer of Appointment stipulated various terms and conditions, including those relating to the duration of probation.

3.1 As a direct recruit IRS officer, the applicant is governed by the Indian Revenue Service Rules, 2015 (hereinafter referred to as the IRS Rules) (Annexure A-2). Rule 10 of the IRS Rules, being relevant, is extracted below for ready reference:

“10. Probation.- (1) Every officer on appointment to the Service, either by direct recruitment or by promotion to the post of Assistant Commissioner of Income Tax, shall be on probation for a period of two years.

Provided that the Controlling Authority may extend the period of probation in accordance with the instructions issued by the Government from time to time.

Provided further that any decision for extension of the period of probation shall ordinarily be taken within eight weeks after expiry of the previous period of probation and communicated in writing to the concerned officer together with the reasons for doing so within the said period.

(2) On completion of the period of probation or any extension thereof, officers shall, if considered fit for permanent appointment, be retained in their appointment on regular basis and be confirmed in due course against the available substantive vacancy, as the case may be.

(3) If, during the period of probation or any extension thereof, as the case may be, the Government is of the opinion that an officer is not fit for permanent appointment, the Government may discharge or revert the officer to the post held by him prior to his appointment in the service, as the case may be.

(4) During the period of probation or any extension thereof, as the case may be, the officer may be required by the Government to undergo such course of training and instructions and to pass such examination and tests, including examination in Hindi, as Government may deem fit, as a condition to satisfactory completion of the probation.

(5) As regards other matters relation to probation, the members of the Service shall be governed by the orders or instructions issued by the Government from time to time."

3.2 It is further stated that in terms of Rule 10(