impugned discharge
order of the High Court was not based upon
“unsatisfactory performance” of the appellant, as is the
requirement under Rule ... Higher Judicial Committee to scrutinize whether the
discharge was based upon “unsatisfactory performance”
of the appellant, or whether it was based on the enquiry
initiated
University-Student-Unsatisfactory performance in
studies-Name removed from University rolls-Opportunity to
show cause whether to be given-Doctrine of audi alteram
partem-Applicability ... respondent should be struck off
the rolls of the University for unsatisfactory performance.
The recommendation of the Centre of Russian Studies was
accepted
further extended for a period of 6 months citing unsatisfactory
performance.
5. On 05.11.2005, services of Respondent No. 1 were terminated
by the Bank under ... services of Respondent No. 1 during his
probation period citing unsatisfactory performance, in exercise of
power under Regulation 16(3)(a) of 1982 Regulations. Before
unsatisfactory performance were
brought to your notice. You were advised to
improve your performance considerably.
6. Since during the extended period also your
performance ... examined your
conduct, performance, ability and capacity during
the whole period of probation but your performance
is found to be unsatisfactory and you are
considered
instructions detrimental to the interest
of this Corporation which tantamounts to
unsatisfactory performance on your part.
If nothing is received within the
stipulated time, action ... zeroed in on
the appellant only on the question of
his unsatisfactory performance as a
probationer by wrongfully recommending
acceptance of bad stock for purchase
completed upon rendition of satisfactory service. Only in the event of
unsatisfactory performance by the employee, the termination of probation
would have been held ... that when
the foundation for such an order is not the unsatisfactory performance on the
part of the employee but overt acts amounting to misconduct
seniority-cum-merit. There shall
be relaxed norms for assessing the performance in terms of output.
The scrutiny shall be for the limited purpose ... ascertaining whether
there is anything positively adverse such as consistently
poor/unsatisfactory performance or adverse report of serious nature
leading to the inference that
case, the respondent has been reverted on the ground of his unsatisfactory performance in the higher post.
4. Learned counsel for the respondent relies upon ... reverted from an officiating post on the ground of his unsatisfactory performance. The confidential letters of the Railway Board, however, state that such a reversion
only) under Clause 27 (c) (a) (i) on account of unsatisfactory
performance and not abiding by the statutory requirements.
(iii) A penalty of forfeiture ... commence/ execute the work as
stipulated in the agreement or unsatisfactory performance or does not meet
the statutory requirements of the contract, Department reserves
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
