Abhujit Gupta vs S.N. B. National Centre, Basic Sciences ... on 18 April, 2006
In this connection, we make a reference to the decision of the
decision of the Supreme Court in Abhijit Gupta v. S.N.B. National
Centre, Basic Sciences (supra), wherein also a similar letter was issued to
the concerned employee intimating him that his performance was
unsatisfactory and, therefore, he is not suitable for confirmation. We have
considered the ratio in light of the facts of the said case and we are of the
considered opinion that the basic facts of the said case are almost similar
to the one in hand. There also, letters were issued to the concerned
employee to improve his performance in the areas of his duties and that
despite such communications the service was found to be unsatisfactory.
In the result, a letter was issued to him pointing out that his service was
found to be unsatisfactory and that he was not suitable for confirmation,
and, therefore, his probation period was not extended and his service was
terminated, which was challenged on the ground that the same was
stigmatic for alleged misconduct. The Supreme Court negatived the said
contention and upheld the order of termination.