STATE OF MADHYA PRADESH Vs. VIRENDRA KUMAR CHAURASIA

JUDGEMENT

(1.) The respondent was appointed to the post of Treasury and Accounts clerk by way of temporary appointment and on probation, in the State of Madhya pradesh on 28/3/1991. His services have been terminated by an order dated 1/6/1991 which is an order of termination simpliciter with immediate effect. Since the termination is a simple termination during the period of probation and no stigma is attached to such an order, the Tribunal was not right in holding that before termination, the respondent should have been given a hearing.

(2.) It is urged by the respondent that under the order of appointment, there is a provision for termination of service by issuing one month's notice or by making payment of one month's salary and allowances in lieu of notice. However, in his case, one month's salary in lieu of notice has not been paid. Looking to the nature of the appointment, the appellants have a right to terminate the services of the respondent simpliciter. The order, therefore, is not vitiated though the appellants are bound to pay to the respondent one month's salary and allowance in view of the conditions contained in the letter of appointment. The appellants have stated that this amount was not paid to the respondent because he had withheld official stationery. This, however, is not stated anywhere in the order of termination. Therefore, this defence will not be of any avail. The appellants have also contended that the appointment was not made in the manner prescribed by the Rules, either by issuing an advertisement or even by inviting applications from the employment exchange. In any event, since the order of termination does not set out any reasons, we need not examine this contention.

(3.) The appeal is, therefore, allowed. The application of the respondent before the Tribunal is dismissed. The appellants, however, shall pay to the respondent one month's salary and allowances within four weeks from today.