RAJ PAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner was recruited as a Driver on January 22, 1990. The appointment was on temporary basis. He was to remain on probation for a period of two years. The period of probation could be extended.

(2.) ON February 18, 1990, the petitioner caused an accident. A notice was issued to him. He did not file any reply. The matter was kept pending on the pretext of granting a personal hearing to the petitioner. On April 25, 1990, the petitioner caused another accident in which a person died. Vide order dated May 3, 1990, a copy of which has been produced as Annexure P -5 with the writ petition, the petitioner's services were terminated. He filed an appeal, which was rejected. Aggrieved by the orders of termination, and the rejection of his appeal the petitioner has approached this court through this writ petition.

(3.) ADMITTEDLY , the petitioner's appointment was temporary. His suitability for the post was being judged. During the short spell of less than four months, the petitioner had caused two accidents. These facts are not disputed. In this situation, the employer could have legitimately concluded that the petitioner was not suitable for the post of Driver. It could have terminated his services on this account. This is precisely what has happened. The order is in strict conformity with the terms of appointment.