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1 - 7 of 7 (0.32 seconds)Shamsher Singh & Anr vs State Of Punjab on 23 August, 1974
This court is of the considered view that non
achievement of targets, which is the basis of termination of services of
the petitioners (on probation), upon completion of initial period of
probation of 12 months, and thereby not extending the period of
probation, is not at all stigmatic in nature. Accordingly, such
termination in terms of clause 2 of the appointment letters, does not
require any compliance of principles of natural justice. Clause 2 of the
letters of appointment on probation clearly provides that during the
period of probation, an employee shall be liable to be discharged from
service without any notice. Considering the fact that the orders of
termination is not stigmatic, the aforesaid judgement relied upon by
the learned counsel for the petitioner reported in (1974) 2 SCC 831
(Shamsher Singh vs. State of Punjab), does not apply to the facts and
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circumstances of this case and does not help the petitioners in any
manner whatsoever.
M. Venugopal vs The Divisional Manager, Life Insurance ... on 31 January, 1994
In the case of M. Venugopal v. LIC, (1994) 2 SCC 323,
regulation 14 of the Life Insurance Corporation of India (Staff)
Regulations, 1960 which were deemed to be Rules framed under
Section 48(2)(cc) of the Life Insurance Corporation Act were
considered. Clause 4 of the regulation 14 clearly provides that during
the period of probation an employee shall be liable to be discharged
from service without any notice. Para 9,14 and 15 of the aforesaid
judgement is quoted as under: -
Life Insurance Corporation Of India ... vs Haripad Rohidas on 22 August, 2005
In the judgement passed by the Hon'ble Division Bench of this
court reported in 2005 SCC Online Jhar 413 (Life Insurance
Corporation of India, Jamshedpur and Ors. versus Haripad Rohidas
, it has been held that question of stigma does not arise when it has
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been indicated in the termination letter that the incumbent had failed
to achieve certain targets as indicated in the appointment letter. Para
11 of the said judgement is quoted as under: -
Governing Council Of Kidwai Memorial ... vs Dr Pandurang Godwalkar And Anr on 23 October, 1992
15. Even under general law, the service of a probationer can be
terminated after making an overall assessment of his performance during
the period of probation and no notice is required to be given before
termination of such service. This aspect has been examined by this Court
in the case of The Governing Council of Kidwai Memorial Institute of
Oncology, Bangalore v. Dr Pandurang Godwalkar where it has been
pointed out that if the performance of the employee concerned during the
period of probation is not found to be satisfactory on overall assessment,
then it is open to the competent authority to terminate his service."
Article 12 in Constitution of India [Constitution]
Article 14 in Constitution of India [Constitution]
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