SANJOY DATTA Vs. DY DIRECTOR

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution of India is directed against the judgement and order dated 4th February 2003 passed by the Central Administrative Tribunal Mumbai Bench in Original Application No.445 of 2000.

(2.) THIS Original Application was instituted by the present petitioner challenging the order passed by the Director, Central Board for Workers Education (hereinafter referred as Board) discharging the petitioner from services of the Board with immediate effect, since he had not completed his probation satisfactorily despite extension.

(3.) ORIGINAL Application was opposed by respondents herein. They filed an affidavit of Deputy Director (Training) affirmed on 18th December 2000. They invited attention of the Tribunal to the fact that the action is discharge simplicitor of a probationer for unsatisfactory service. It was pointed out by them that petitioner's probation was extended on four occasions and on every occasion extention was of six months. It was pointed out by respondents that the work of petitioner was unsatisfactory. It was further pointed out that despite 60 warnings over four years of probationary service, there is no improvement in the performance of petitioner and it continues to be poor. It was pointed out that there is no malice or arbitrariness in discharging petitioner from service. For all these reasons, it was submitted that the O.A. be dismissed.