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
performance. As
such, his performance is found to be less than good
or it can be, at the best, said to be unsatisfactory ... that they had earned
unsatisfactory CRs for the last 10 years. It is on the
basis of the unsatisfactory performance they
recommended their cases
issued various letters and memos for his misconduct and
unsatisfactory performance in the School. Pursuant to such memos,
the Management Committee of the petitioner School ... performance his
services would be confirmed. It is submitted that since the performance
and conduct of the respondent no. 2 was found unsatisfactory
absence,
dereliction of duties, disobedience, negligence etc. In view of
the unsatisfactory performance, the Petitioner extended the
probation period for a further period ... improving his performance. His
probation period was also extended due to unsatisfactory
performance. However, the Petitioner finally decided to
terminate his service
having remained unauthorizedly absent which perse amounts to misconduct and
not unsatisfactory performance of service. He submits that the charge, even upon
AMJAD AHMAD LONE ... duties which perse can be termed as misconduct and not the unsatisfactory
performance of the duties.
11. Learned senior counsel further submits that the power
vide order dated 21.07.2022, the only
unsustainable reason being the 'unsatisfactory
performance' of the petitioner as a Notary Public. On
what basis such ... data being
conspicuously absent for the formation of opinion as to
unsatisfactory performance of the petitioner as a Notary
Public, the impugned order is unsustainable
condition in the contract itself that in the event of any unsatisfactory
performance or improper conduct, the respondents are empowered to
terminate the contract ... event of any
termination on the ground of improper conduct and unsatisfactory
performance. When the conditions of contract are agreed between the
parties, more specifically
petitioner and the department in case of improper
conduct and/or unsatisfactory performance/insubordination and or
misbehaviour by the signatory, having regard in particular ... without any
notice.
5. Though the aforesaid clause stipulates that on unsatisfactory
performance, the contract can be terminated without any notice, the order
impugned stipulates
extended period of
probation from time to time on account of unsatisfactory
performance. He further submits that the petitioner had made query
from the department ... Murthy, AC/Exe due to their unsatisfactory
performance during the period of probation/extended
period of probation.
3. Both these officers were holding the post
mismanaged or that the management has wilfully or
persistently failed in the performance of its duties, include
the power to appoint an Authorised Controller ... reads
as under:
"In recent years the unsatisfactory working and
management of privately managed educational institutions
in the Union Territory of Delhi has been
