A
GANGANAGAR ZILA DUGDH UTPADAK SAHKARI
SANGH LTD. AND ANR.
v.
PRIY ANKA JOSHI AND ANR.
B
JULY 19, 1999
[B.N. KIRPAL ANDS. RAJENDRA BABU, JJ.]
Service Law :
C
Gangmul Service Rules, 1992 :
Ganganagar Zita Dugdh Utpadak Sahkari Sangh-Assistant Manager-
Appointment of-Put on probation for one year-Absence from duty during
probationary period-Services terminated-Order challenged as being passed
without an inquiry-Held, in the appointment order it was mentioned that
D sen1ices of employee could be terminated during probationary period if
services were unsatisfactory-When there is reason for terminating the services
during the probationary period and the order is worded in an innocuous
manner, such an order cannot be regarded as by way of punishment-Jn the
order the word used was 'Barkhast'-Jn the circumstances even the use of
E word 'dismissed' cannot be regarded as by way of punishment.
Words and Phrases.
'Barkhast', 'dismissed'-Effect of
p
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 3887 of
1999.
From the Judgment and Order dated 12.1.99 of the Rajasthan High Court
in D.B.C.S.A. No. 566of1998.
'.G
R.M. Tatia for Indra Makwana for the Appellants.
Manu Mridul and Surya Kant for Respondents.
The following Order of the Court was delivered :
H
Special leave granted.
968
L
DUGDHA UTPADAK SANGH, GANGANAGAR v. PRIY ANKA JOSHI
969
The respondent was employed as an Assistant Manager on 6th October, A
1993. She was put on probation for one year. It appears that leave was granted
to her from 16th October, 1994 to 25th October, 1994. Thereafer, she did not
join duty despite notices dated 7th November , 1994 and 23rd November, 1994.
Impugned order dated 30th November, 1994 was passed which reads as
follows:
B
"Smt. Priyanka Joshi, Assistant Manager (Plant) is being
BARK.HAST (dismiss) from the service of Sangh with effect from the
afternoon today dated 30.11.94 under Gangmul Service Rules, 1992."
c
The respondent filed a writ petition contending that her services could
not be terminated without following the procedure of holding an inquiry. The
Single Judge dismissed the writ petition holding that the impugned order did
not cast any stigma. The respondent then filed an appeal which was allowed
by the High Court by holding that the perusal of the impugned order showed
that it was an order of dismissal and did cast a stigma.
D
In our opinion, the Division Bench of the High Court was not correct
in the conclusion which it arrived at. It is not in dispute that when the order
dated 30th November, 1994 was passed, the respondent was still on probation.
The reason for passing of the said order appears to be the absence of the E
respondent from duty. In the order of appointment, it was clearly stipulated
that the respondent's services could be terminated during the probationary
period if the services were unsatisfatory. When judging the performance of
a person ifthe services are terminated during the period of probation, obviously
there has to be a reason for such termination. If the services are terminated
during the probationary period without any reason whatsoever, it is possible F
that such an order may be impugned on the ground that it has been passed
arbitrarily. On the other hand, when there is a reason for terminating the
services during the probationary period and the order terminating services is
worded in an innocuous manner, we do not see any force in the contention
that such an order has to be regarded as by way of punishment.
G
Impugned order dated 30th November, 1994 is only of one sentence
which states that the respondent's services were being BARKHAST
'dismissed'. The real word used there was 'Barkhast' and under the
circumstances even the use of the word 'dismissed' cannot, in our opinion,
be regarded as by way of punishment.
H
970
SUPREME COURT REPORTS
[1999] 3 S.C.R.
A
For the aforesaid r:eason, the appeal is allowed. The judgment of the
Division Bench is set aside with the result that the writ petition filed by the
respondent in the High Court stands dismissed.
RP.
Appeal allowed.
-
Lex