Pavanendra Narayan Verma vs Sanjay Gandhi P.G.I. Of Medical Sci. & ... on 5 November, 2001
In the above case Pavanedra Narayan Verma v. Sanjay Gandhi P.G.I. of Medical Sciences and Another (supra), the Apex Court has observed that the judicial endeavour has been to strike a right balance between the apparent lack of any right in a probationer to continue to remain in service and the right recognised in him to challenge an order of dismissal if such dismissal has been made by way of punishment. The dividing line though fine is clear ; if misconduct
has acted as the foundation for the termination, interference must be made, if it is the motive, the order of discharge must be sustained. To determine the said question, the veil must be lifted and the lifting of the veil would depend on the prima facie case that has been established to justify such judicial action. Upon lifting the veil, if any misconduct is revealed and consequences thereto were primarily responsible for the discharge, than misconduct must be deemed to be foundation of the action. If, however, notwithstanding the allegations of misconduct, an employer does not pursue the same or if after an initial attempt, the pursuit is abandoned and the discharge/ termination is made on account of unsatisfactory performance of duties, the misconduct must be understood to be the motive and not the foundation for the discharge and the order must be sustained.