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Supreme Court of India 2019-08-09 allowed

Wainganga Bahuuddeshiya Vikas Sanstha through President B.B. Karanjekar & Ors vs Ku. Jaya & Ors

Bench: 2 — Hemant Gupta

In Brief

A college lecturer was appointed on a temporary ad-hoc basis to fill a vacancy, with a condition allowing termination without notice if performance proved unsatisfactory. After two years, the college terminated her services citing unsatisfactory performance. The High Court Division Bench set aside the termination, holding it stigmatic. The Supreme Court allowed the college's appeal, holding that termination of an ad-hoc employee on unsatisfactory performance grounds is non-punitive where no formal misconduct inquiry is conducted. Ad-hoc appointments do not carry the statutory protections of probationary or permanent appointments, and such terminations do not require formal disciplinary procedures.

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