Section 32(3) in Tamil Nadu Government Servants (Conditions of Service) Act, 2016
(3)If the appointing authority decides that the probationer is not suitable for such membership, it shall, unless the period of probation is extended under section 33, by order, discharge him from the service after giving him a reasonable opportunity of showing cause against the action proposed to be taken in regard to him:Provided that where a probationer has been given a reasonable opportunity of showing cause against the imposition on him of any of the penalties specified in clauses (iv), (vi), (vii) and (viii) of rule 8 of the Tamil Nadu Civil Services (Discipline and Appeal) Rules and at the conclusion of the disciplinary proceeding, a tentative conclusion is arrived as to discharge him from the service, a further opportunity of showing cause specifically against such discharge need not be given to him.Explanation I. - The decision of the appointing authority that the probationer is not suitable for full membership may be based also on his work and conduct till the date of the decision, inclusive of the period subsequent to the prescribed or extended period of probation.Explanation II. - Where the competent authority proposes to terminate the probation of a member of a service for general unsatisfactory work or incapacity without the need for enquiry into specific charges, he shall do so under section 31 Probationer's suitability for full membership. or under this section, as the case may be. In cases where he proposes to terminate the probationer of such member for specific charges in addition to, or distinct from, general inefficiency or incapacity, he shall frame specific charges and follow the procedure laid down in rule 17 (b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules, as such termination of probation by way of penalty will attract the provisions of Article 311(2) of the Constitution.
