PRADEEP LAL Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner vide letter dated August 05, 2008 was appointed to the post of Manager (Training & Capacity Building) on a project on "Energy Efficiency Improvement in Steel Rerolling Mill (SRRM) Sector". It was a condition of his employment that he shall remain on probation for a period of six months and that his confirmation will be subject to the satisfactory performance during the probation period. THE details with regard to the project and the manner, in which the services of an employee in relation to that project can be terminated, are contained in "Project Operations Manual".

(2.) IT appears that the respondent did not find the performance of the petitioner up to the mark and hence, vide communication dated December 31, 2008, he was informed that, "your employment with us as Expert (Training & Capacity Building) is not confirmed and is discontinued with effect from 1st January, 2009." He was further informed that the job to which he was appointed "has been the most demanding one, resulting in timely completion of output/deliverables. However, your contributions were nowhere close to the targets........ Your performance did not reflect your expertise in the assignment given to you." However, he was given one months salary in lieu of the notice period.

(3.) IT is contended by the petitioner that even though he was on probation, the respondent was supposed to observe the principles of natural justice and ought to have given him show-cause notice before discontinuing his service contract. I do not agree. While on probation, the petitioner was entitled to no such notice.