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"You will be on probation for a period of two years within a continuous service of three years. You will be absorbed in the regular service of this corporation only on satisfactory completion of the period of probation. If your performance during the period of probation is found unsatisfactory, the Corporation reserves the full right to terminate your service without any prior notice."

It was his duty to inspect all the commodities received by the Corporation at the depots and to verify the quality of goods in conformity with the specification given by the Head Office. On complaints received as to the quality of red chilies accepted by him and sent for distribution, a show-cause notice dated 25.11.1995 was issued to him. He submitted his explanation requesting to drop further proceedings and giving assurance that in future, utmost care would be taken while accepting the commodities. In that view, further proceedings were dropped. Again on a similar report as to failure of his duty, a show-cause notice dated 12.12.1996 was issued, which is extracted below:-

Your action described above amounts to grave misconduct, gross negligence, dereliction of duty, disobedience of orders, clear violation of standing instructions detrimental to the interest of this Corporation which tantamounts to unsatisfactory performance on your part.

If nothing is received within the stipulated time, action will be proceeded with on the presumption that you have no defence in this case and your services will be terminated as laid down in Clause 2 of the reference first cited.

"The further contention advanced by the learned counsel for the appellant is that since Ext. P2 show cause notice contains major charges against the appellant, his service should not have been terminated without those charges being enquired into and found proved against him in a duly conducted enquiry, giving him an opportunity to defend himself and prove his innocence. Here again, we fail to appreciate the contention of the appellant since, in our view, the appointing authority focused his attention and zeroed in on the appellant only on the question of his unsatisfactory performance as a probationer by wrongfully recommending acceptance of bad stock for purchase and distribution. Of course, ext. P2 show cause notice would state that the appellant colluded with the suppliers for undue pecuniary benefits and that he betrayed the confidence reposed on him as a responsible officer of the Corporation. The appellant would have been on a sound wicket had the appointing authority pursued those charges mentioned as (4) and (5) in Ext. P2 and a finding recorded. For a perusal of the files, we find that the appointing authority has abandoned those charges and concentrated only on the lapses committed by the appellant in wrongly recommending acceptance of bad stock, as already observed. No finding at all is entered on the charges of collusion and betrayal of confidence mentioned as item Nos. (4) and (5) in Ext. P2. Therefore, we hold that the contention in this regard is without merit."

Taking an overall view and totality of the facts and circumstances of the case, the Division Bench declined to interfere with the order passed by the learned Single Judge but added that ground no. 5 mentioned in the show-cause notice was also liable to be withdrawn by the respondents.

Paras 1 to 3 of the show-cause notice reflect about the unsatisfactory performance of the duty of the appellant. Paras 4 and 5 of the show-cause notice were not taken into consideration in passing the order of termination of services as is evident from the termination order although reference is made to the show-cause notice. The last para of the show-cause notice also indicates that the action was proposed in terms of clause 2 of the order of appointment, namely, terminating the services during probationary period. The order of termination of services refers to relevant clause in the order of appointment and explanation given by the appellant to the show-cause notice. The last paragraph of the said order shows that his explanation was found unsatisfactory. The appellant had wrongfully recommended acceptance of bad stock not once but several times; as such it was held that his services have been unsatisfactory. Hence, the order of termination was passed. From this order of termination, it is clear that the respondents did not rely on paras 4 and 5 of the show-cause notice. The Division Bench in the impugned judgment, after perusal of the files observed that the appointing authority had abandoned those charges and concentrated only on the lapses committed by the appellant in wrongfully recommending acceptance of bad stock. We have no good reason to differ with this finding recorded by the Division Bench after perusal of the relevant files and records. Even otherwise, paras 4 and 5 of the show- cause notice stand withdrawn as per the direction given by the High Court. This being the position, no prejudice is caused to the appellant to complain that High Court has exceeded its power to judicial review when such a deletion of paras 4 and 5 from the show- cause notice is to the benefit and advantage of the appellant. This also protects the appellant from any adverse affect when he seeks employment elsewhere and prospective employer may not have any ground to take adverse view of the alleged misconduct contained in paras 4 and 5 of the show-cause notice.