YASMEEN SAYED Vs. CENTRAL WAREHOUSING CORPORATION

JUDGEMENT

(1.) This writ petition is filed by the petitioner challenging the termination order dated 7.6.2012 whereby the services of the petitioner have been terminated by the respondent/employer/Central Warehousing Corporation.

(2.) On behalf of the petitioner, it is contended that the officers of the respondent did not forward the reports of the petitioner in time. It is further argued that the assessment reports which have been prepared with respect to the petitioner show that two officers have found that the petitioner was fit for independently working as Manager. It is further argued that the assessment reports during the training period shows that the work of the petitioner has always been found to be satisfactory, and therefore, termination order is unjustified in concluding that petitioner's services were unsatisfactory. It is also argued that as per the Final Assessment Report of the petitioner, the petitioner is found to have received 24 out of 40 marks in presentation for 'service tax', and therefore, it cannot be said that the petitioner's services were unsatisfactory. It is also argued that respondent was actuated by malafides in passing the termination order. It is also argued that the termination order is stigmatic, and therefore, liable to be set aside besides also because it has been passed without hearing the petitioner.

(3.) On behalf of the respondent in the counter-affidavit, it is basically contended that since as per the Final Assessment Report taken with earlier assessment reports, the competent authority had reached a conclusion that the services of the petitioner were not satisfactory, and the petitioner was only a Management Trainee who as per the appointment letter would only be taken in employment on satisfactory completion of services, consequently, the services of the petitioner have been terminated.