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14.He further proceeded to submit that the impugned order in the writ petition is not termination simpliciter. It is an order attaching stigma and further when the impugned order is passed beyond the probation period of two years, it cannot be termed as termination simpliciter during the period of probation. The learned Senior counsel contended that the terms of appointment is very clear that the period of probation is only for two years. Even though the term of appointment states that the appointment will be confirmed only on satisfactory completion of probation, there is no clause for passing specific order for declaration of confirmation or for extension of probation beyond two years. Since no order terminating the service was passed within the period of two years, it shall be deemed as confirmation of service. He further submitted that the terms of appointment also makes it very clear that termination can be done only within the period of probation within two years and not beyond that. The University grants Commission Regulation 2010 and 2018 also makes it very clear that the confirmation of probation at the end of one year shall be automatic unless extended for another year by a https://www.mhc.tn.gov.in/judis specific order before expiry of first year. Once the period of two years is completed, the third respondent has no jurisdiction to terminate the writ petitioner as probationer without following the principles of natural justice.

https://www.mhc.tn.gov.in/judis

32.Can a termination order couched with several observations as described above be termed as termination simpliciter? An order of termination simpliciter need to be without any allegation except with the observation that the employee's work and performance during probation was not satisfactory. Once the same is entangled and encrypted by several allegations against the employee/probationer, then it is necessary that the employee has to be put on notice for giving a proper opportunity of hearing.

9.11.If an enquiry is deemed necessary, an Enquiry Committee shall be appointed by the Board of Governors or the Disciplinary Authority who shall conduct the proceedings of the enquiry and submit the report to the Disciplinary Authority or the Board of Governors as the case may be.”

38.Though the learned senior counsel for the respondents 3 and 4 vehemently relying upon Rule 17(9.9), submitted that the Director being https://www.mhc.tn.gov.in/judis the disciplinary authority in respect of all enquiries, he who is the competent authority shall entail termination of service/dismissal for violation of any of the rules/regulations of BIM in force. However, considering the fact that in terms of Rule 2, the Board of Governors of BIM is the Authority, who administers BIM and this case as put forth by the respondents, if the same is a case of termination simpliciter then the question of a Director acting as disciplinary authority will not arise and it is only the Board of Governors which is the competent authority to issue an order of termination simpliciter. On the other hand, if the same is a disciplinary proceeding as against the writ petitioner, in that case, the fourth respondent ought to have followed the mandates of principles of natural justice of giving appropriate opportunity to the writ petitioner. Since this is not a case of disciplinary proceeding but a termination passed on a probationer, the Director has no role to play in it. If the same is a disciplinary proceeding, then it could have been in accordance with law. Even if it is a disciplinary proceedings if an enquiry is deemed necessary, it is only the Board of Governors who could appoint an Enquiry Committee for the conduct of enquiry. Without following any of the procedure mandated by the service rules and regulations of BIM for https://www.mhc.tn.gov.in/judis conduct of disciplinary proceedings, the contention of the learned Senior Counsel for the respondents 3 and 4 that the Director being disciplinary authority is the competent authority to issue termination order has to be rejected.

43.However, in the case in hand, having allowed the writ petitioner to complete probation period of two years, in the name of termination simpliciter, the third respondent has exercised the power of termination violating the mandates of service rules and regulations and has issued an order of termination without jurisdiction. The vital thing in service jurisprudence is that the integrity of the employee even while issuing a termination order is of paramount importance. What is required for completion of probation is without stigma. Had the service of the writ petitioner been unsatisfactory to the Board of Governors, then what is https://www.mhc.tn.gov.in/judis required is termination of the writ petitioner on the grounds of unsatisfactory service alone and the other indications especially with respect to the complaints received from the faculty and the students and the terminology of irresponsible activities and warning given to the writ petitioner would attract punitive action and the same would render the termination order insinuative and stigmatic. The writ petitioner who has already completed the age of 49 who has been terminated without being given with an opportunity of hearing by means of a blanket termination order, which is stigmatic would amount to camouflaged exercise of power and will have destructive impact on the future livelihood and employment prospects of the writ petitioner. Having mentioned about the various complaints received from the faculty and students and the situation warranting warning the writ petitioner several times and the mentioning of the irresponsible activities of the writ petitioner in the termination order certainly the proper way of exercising the power of initiating action against the writ petitioner is that the third respondent ought to have placed the case of the writ petitioner before the Board for appropriate direction. That exercise not being made, the entire exercise of issuance of termination in the name of termination simpliciter, which has https://www.mhc.tn.gov.in/judis emanated from desk of the Director without jurisdiction is totally vitiated and the same is per se illegal.