Probationary Teacher's Termination Upheld: Court Affirms Adherence to Natural Justice Despite Inquiry in Probationary Period

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Probationary Teacher's Termination Upheld: Court Affirms Adherence to Natural Justice

Allahabad High Court, March 28, 2024 – In a recent judgment by Justice Saurabh ShyamShamshery , the Allahabad High Court upheld the termination of a probationary Assistant Teacher, Vyayam (Physical Education), finding that principles of natural justice were sufficiently followed during the inquiry leading to the termination. The case, Sanjay Kumar Sengar vs. State of U.P. & Ors. , saw the court dismiss the writ petition challenging the termination order, while allowing a connected petition related to the appointment of a subsequent teacher.

Case Background: Allegations and Inquiry

Sanjay Kumar Sengar was appointed as an Assistant Teacher, Vyayam , at a Minority Institution in 2006 and placed on probation for two years. During his probation, allegations arose regarding his diligence and conduct, leading to a charge sheet in 2007. The institution alleged that Sengar was not discharging his duties diligently, failing to improve sports standards, and engaging in activities detrimental to the institution's interest. An inquiry committee was formed, which found the charges to be true, leading to a show cause notice and subsequent termination order effective January 3, 2008.

Petitioner's Arguments: Breach of Natural Justice and Illegal Probation Extension

Represented by Sri Sanjeev Singh, the petitioner argued that the disciplinary proceedings violated principles of natural justice. Key arguments included:

• Lack of Opportunity: Sengar claimed he was not given a proper opportunity to present his case before the Appointing Authority and that the termination was solely based on an ex-parte inquiry report without considering his reply effectively.
• Stigmatic Order: The termination order, though during probation, was stigmatic due to the allegations and required a more thorough process than was afforded.
• Illegal Probation Extension: The extension of the probation period beyond the initial year was argued to be without legal basis.

Respondent's Stance: Due Process and Unsatisfactory Performance

The Committee of Management, represented by Senior Counsel Sri V.K. Singh, defended the termination, asserting that due process and principles of natural justice were duly followed. Their submissions highlighted:

• Satisfactory Inquiry: An inquiry was conducted following a charge sheet, and Sengar submitted replies at each stage.
• Justified Termination: Sengar 's conduct was found unsatisfactory after inquiry, with allegations of neglecting duties and not improving sports standards, justifying the non-extension of probation and subsequent termination.
• Separate Recruitment: The appointment of a new teacher, Waliuzzaman Khan (subject of the connected petition), was for a separate post and did not impact Sengar 's case.

Court's Observations: Substantial Compliance with Natural Justice

Justice Shamshery meticulously examined the procedural aspects and evidence presented. The court acknowledged that while probationers can be terminated for unsatisfactory service without a formal inquiry, an inquiry was initiated in this case due to specific allegations.

Crucially, the court found substantial compliance with principles of natural justice , stating:

> "There is no denial that a charge sheet was submitted to which the petitioner and he has reiterated his earlier submissions submitted on a notice issued by the Manager of Committee of Management of concerned college and thereafter an inquiry report was submitted. Therefore, at this stage principles of natural justice were substantially complied with."

The court further noted that the Committee of Management provided evidence in their counter affidavit, including a letter and attendance sheet, demonstrating that a show cause notice was indeed served, and Sengar participated in a meeting concerning the inquiry report. This directly contradicted the petitioner’s claim of not receiving a show cause notice.

Relying on precedents like Shamsher Singh vs. State of Punjab and Swati Priyadarshini vs. the State of Madhya Pradesh , the court reiterated that even if a termination order appears punitive, it can be upheld if a reasonable opportunity for hearing was granted and principles of natural justice were followed.

Final Verdict: Termination Upheld, Subsequent Appointment Validated

Ultimately, the court dismissed Sanjay Kumar Sengar 's writ petition, upholding the termination order. Conversely, the connected writ petition filed by the Committee of Management and the subsequently appointed teacher, Waliuzzaman Khan , was allowed. The court validated the appointment of Waliuzzaman Khan and quashed the order that had stopped his salary, ensuring his continued employment and remuneration.

This judgment underscores the importance of procedural fairness in even probationary terminations, while also affirming the employer's right to terminate probationers for unsatisfactory conduct when due process, including substantial adherence to natural justice, is observed. ```