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But the Director issued a further letter dated 30.4.1996 stating that the appellant's performance during the period of probation had been reviewed and stating that "regrettably your performance has been far from satisfactory", that by letters dated 11.12.1995 and 15.4.1996 his attention had been drawn to various areas of unsatisfactory performance, but no improvement was discernible. It was stated that in order to afford the appellant an opportunity to improve performance and in order to enable the organisation to consider the appellant's case favourably for confirmation, his probationary period was being extended by six months from 2.5.1996. The letter stated that it was hoped that the appellant would improve his performance generally and also in the areas pointed out to him.

It was in this background that on 30.4.1997, the impugned order of termination was passed. As the case turns also upon the question whether this order is vitiated by `stigma', it is necessary to extract the body of this letter. It reads:

"4. Since the performance during the initial period of probation was not satisfactory, by letter no.SNB/PER 4 1201/DO-5 dated 30 April 1996 your period of probation was extended by six months from 2 May 1996.
5. By letter dated 17 October 1996 your attention was drawn to unsatisfactory performance and the areas of unsatisfactory performance were brought to your notice. You were advised to improve your performance considerably.
6. Since during the extended period also your performance was not satisfactory, the Management was constrained to further extend your period of probation and accordingly by letter no.SNB/PER 4 1201/DO-100 dated 31 October 1996 your period of probation was extended further six months.
7. During the period of further extension of probation you could not improve your performance.
8. We have closely watched and examined your conduct, performance, ability and capacity during the whole period of probation but your performance is found to be unsatisfactory and you are considered unsuitable for the post against which you have been appointed. The period of probation was extended with the expectation that you would improve your performance but there was no improvement in your performance.

On the other hand, learned senior counsel for the respondent Sri P.P.Rao contended that this was a case where the appellant's performance during probation was not satisfactory, the organisation so informed the appellant during the first one year period on 11.12.1995 and 15.4.1996 and he was asked to improve. Thereafter on 30.4.1996, his probation was extended giving him an opportunity to improve. During this six month period, again the Director wrote on 17.10.1996 pointing out his deficiencies and asking him to improve by giving a further extension of probation on 31.10.1996 by another six months. A note was sent on 29.3.1997 to him regarding his deficiencies and finally the termination order was passed on 30.4.1997. Therefore the employer acted fairly and there was no question of any stigma in the order nor was it a case where certain findings were arrived at which could be the foundation of the order. If on account of unsatisfactory performance a probation could not be terminated then it would lead to serious problems for any employer.