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Supreme Court of India 2018-03-19 allowed

Director Aryabhatta Research Institute of Observational Sciences (ARIES) & Anr vs Devendra Joshi & Ors

Bench: 2 — L. Nageswara Rao

In Brief

A probationary engineer's services were terminated at the end of his probation period after reports of unsatisfactory work and a preliminary inquiry. The High Court set aside the termination, finding it retaliatory against his objections to another candidate's appointment. The Supreme Court reversed, holding that termination of a probationary employee based on unsatisfactory performance is not punitive and does not require a formal departmental inquiry if no definitive misconduct findings are recorded in the termination order itself. Since prior evidence of poor performance existed and the appointment issue was not challenged in the writ petition, the court found no mala fide.

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Service Law Termination of Services Probation Mala Fide Administrative Law

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