respondents in terminating the services of the petitioner due to his
unsatisfactory performance during his probation period. Placing reliance
on the ratio of various judgments ... probation are terminated and if the
termination is only due to unsatisfactory performance then the question of
abiding by the principal of natural justice would
curtailed except on such just grounds as, for example, unsuitability or unsatisfactory performance. But, even where the tenure is not specified, an order of reversion ... specified deputation is possible on the ground of unsuitability or unsatisfactory performance. Para 32 of the said judgment is reproduced herein below :
32. Ordinarily
maximum period of 1 more
year in case of unsatisfactory performance. In the said regulation, it was
provided that the confirmation ... unsatisfactory and there were complaints against him.
Such an order cannot be considered as an order of termination simplicitor
on the ground of unsatisfactory performance
Exhibit C-3. These appraisal reports show unsatisfactory performance of the workman. According to the petitioner company services of the workman were terminated because ... petitioner on the ground of loss of confidence and unsatisfactory performance and then record the positive finding whether the termination was justified or not. Since
there seems no such situation of terminating the services due to
unsatisfactory performance. Two of the complainants have been issued with the
letters of termination ... though letters nowhere speak about termination of services
because of unsatisfactory performance. The letters recite to the effect that the
services are terminated because
maximum period of 1 more
year in case of unsatisfactory performance. In the said regulation, it was
provided that the confirmation ... unsatisfactory and there were complaints against him.
Such an order cannot be considered as an order of termination simplicitor
on the ground of unsatisfactory performance
occasion for
issuing any memo to the respondent for unsatisfactory performance. He also
could not explain why the Provident Fund form contains the reason ... probation on or about 29th October, 1985
notwithstanding the allegation of unsatisfactory performance. Even assuming
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curtailed except on such just grounds as, for example, unsuitability or unsatisfactory performance. But, even where the tenure is not specified, an order of reversion ... specified deputation is possible on the ground of unsuitability or unsatisfactory performance. Para 32 of the said judgment is reproduced herein below :
32. Ordinarily
condition was prescribed, which was extendable in the event of unsatisfactory performance during the period of probation. One of the conditions were the incumbent fails ... probation for a period of two years which was extendable on unsatisfactory performance and failure to complete the period of probation to the satisfaction
about 18 months, cannot be repatriated on the grounds of unsatisfactory performance.
7. Another contention submitted by Ms. Jyoti Singh relates to malafide. The manner ... submitted that the Applicants repatriation was based on his ineffectiveness, unsatisfactory performance and unsuitability to the post. He, therefore argued the this
