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
terminated by serving of two months notice in case of unsatisfactory
performance.
3. Petitioner was issued a show-cause notice dated 20.4.2015
asking the petitioner ... again
to improve your performance but of no avail and therefore you performance
and contribution still remain unsatisfactory. Hence your service have been
found
evaluation of your
work-performance was done and the performance has been
found to be unsatisfactory due to the delay of 341 days beyond
scheduled ... performance rating evaluation of contracts, inter alia,
states as follows:
"5.6 Performance Rating:
Depending upon the Total Marks obtained by the
contractor, the performance
period not exceeding one year and in case of his
unsatisfactory performance, he will be liable to be
discharged from the service of the Corporation ... Supreme Court held that the order of termination due to
unsatisfactory performance is a termination "simpliciter" and
not "punitive" in nature
communication of
25.08.2015 regarding their premature repatriation on the ground of
unsatisfactory performance. The petitioners approached the Central
Administrative Tribunal on 27.08.2015. Interim protection ... should not be curtailed except on grounds such as
unsuitability or unsatisfactory performance. This is what the
Supreme Court has said:
"Ordinarily, a deputationist
communication of
25.08.2015 regarding their premature repatriation on the ground of
unsatisfactory performance. The petitioners approached the Central
Administrative Tribunal on 27.08.2015. Interim protection ... should not be curtailed except on grounds such as
unsuitability or unsatisfactory performance. This is what the
Supreme Court has said:
"Ordinarily, a deputationist
7875/2001 Page 2 of 15
unsatisfactory performance during the probationary period his service was
terminated. It was denied that termination was stigmatic ... since his performance was found unsatisfactory. Workman
was not terminated by way of punishment. Mere use of words
„unsatisfactory performance‟ will not make the termination
order dated 21.10.2013, terminating
the Respondent's services based on unsatisfactory performance
during the probation period;
c) To issue any other suitable Writ, Order ... regular absentee, which has been construed as unsatisfactory
performance. During the probation period, he has been issued
certain warnings and he represented against the same
petitioner is justified, which is purely based on her
unsatisfactory performance. In this regard, he relied upon the
judgment of this Court in the case ... unsatisfactory
service is concerned, the respondent No.2 / College has relied
upon the letter written by the students highlighting the
unsatisfactory performance of the petitioner
subject.
The Tribunal also noticed that on the ground of unsatisfactory
performance or conduct, Rule 12 contemplates for discharge of a
probationer with a month ... justified especially in view of the fact
that the allegation of unsatisfactory performance has not been proved
and thus has set aside the order
