Shamsher Singh & Others v. State Of Haryana And Others
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-operative Cotton Marketing & Spinning Mills Federation Limited by order dated 29th of September, 1998. One of the terms of his appointment was that he would be on probation for a period of two years which could be extended further at the discretion of the Management. It further provided that during the probation period, the Management shall have the right to terminate his services without notice. His services were terminated by order dated 2.12.1998 reading as under:- "ORDER Sh. V.P. Ahuja, S/o Late Sh. H.N. Ahuja was appointed on probation for 2 years as Chief Executive of the Coop. Spg. Mills Ltd., vide orders Endst. No.Spinfed/CCA/7844-45 dated 29.9.98 and posted at Bacospin. However, he failed in the performance of his duties administratively & technically. Therefore, as per Clause-I of the said appointment order, the services of ! ,9 are hereby terminated with immediate effect. Sd/- ( Managing Director ) SPINFED"
3. This order was challenged by the appellant in the Punjab and Haryana High Court through a Writ Petition which was dismissed by order dated 26th of March, 1999 reading as under:- "Vide order dated 2.12.1998, Annexure-P- 17 petitioner has been asked to quit, concededly during the period of probation. The impugned order is not stigmatic and nothing at all has been urged that may detract from such an order being passed during the currency of probation. Insofar as, thus, order, Annexure-P-17 is concerned, we find no infirmity therein."
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6. A probationer, like a temporary servant, is also entitled to certain protection and his services cannot be terminated arbitrarily, nor can those services be terminated in a punitive manner without complying with
the principles of natural justice.
7.The affidavit filed by the parties before the High Court as also in this Court indicate the background in which the order, terminating the services of the appellant, came to be passed. Such an order which, on the face of it, is stigmatic, could not have been passed without holding a regular enquiry and giving an opportunity of hearing to the appellant." ;
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