A person working on probation can be sacked from service without prior hearing if his or her performance is not satisfactory, the Central Administrative Tribunal has held.
"A probationer's services could be terminated if his performance is unsatisfactory and the termination would be valid from all angles," the CAT's bench of members Veena Chhotray and Shanker Raju said in their ruling.
The country's apex tribunal to adjudicate government employees' dispute on service matters gave the ruling on a petition by a trained graduate teacher, Narbda Singh, a resident of Kushinagar (UP), challenging the termination order from Kendriya Vidyalaya Sangathan (KVS).
Singh opposed the order saying action was taken without being given an opportunity to present his case or to defend himself and that this had led to violation of the principles of natural justice.
The KVS justified its decision saying despite several opportunities and reminders he had failed to improve his performance prompting it to take the step under the KVS rules.
Satisfied with KVS's contentions, the tribunal rejected Singh's plea saying the termination did not violate the principles of natural justice.
"We do not find any punitiveness and victimisation in the termination order. The unsatisfactory performance is not the foundation of the order but is a motive as per the terms and conditions of the appointment letter.
"Such termination does not require prior hearing or following the principles of natural justice and the right to be heard," the tribunal said.
Source:Indian Express
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