New Delhi: A person working on probation can be sacked from service without prior hearing if his or her performance is not satisfactory, the Central Administrative Tribunal has held.
"A probationer`s services could be terminated if his
performance is unsatisfactory and the termination would be
valid from all angles," the CAT`s bench of members Veena
Chhotray and Shanker Raju said in their ruling.
The country`s apex tribunal to adjudicate government
employees` dispute on service matters gave the ruling on a
petition by a trained graduate teacher, Narbda Singh, a
resident of Kushinagar (UP), challenging the termination order
from Kendriya Vidyalaya Sangathan (KVS).
Singh opposed the order saying action was taken
without being given an opportunity to present his case or to
defend himself and that this had led to violation of the
principles of natural justice.
The KVS justified its decision saying despite several
opportunities and reminders he had failed to improve his
performance prompting it to take the step under the KVS rules.
Satisfied with KVS`s contentions, the tribunal
rejected Singh`s plea saying the termination did not violate
the principles of natural justice.
"We do not find any punitiveness and victimisation in
the termination order. The unsatisfactory performance is not
the foundation of the order but is a motive as per the terms
and conditions of the appointment letter.
"Such termination does not require prior hearing or
following the principles of natural justice and the right to
be heard," the tribunal said.