GURPREET SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner who was holding the post of Inspector Grade-II assails the action of the respondent Punjab State Civil Supplies Corporation Limited (PUNSUP) whereby his services have been terminated while under probation.

(2.) Brief facts pleaded in the petition are that in the year 2015 PUNSUP advertised posts of Inspector Grade-II on regular basis. Petitioner being eligible applied for the post and participated in a regular selection process. He was duly selected and issued appointment letter dated 10.06.2015. Services of the petitioner were governed by the PUNSUP Service Rules 1985 and he was placed on probation for a period of two years. Petitioner joined on the post of Inspector Grade-II on 24.06.2015. It has been averred that petitioner was suffering from a disease know as Benign Paroxysmal Positional Vertigo and as such had to undergo treatment. He applied for leave for a period of 15 days for the purpose of medical treatment and which was subsequently approved by the department vide letter dated 13.08.2015 (Annexure P-4). Petitioner performed the duties on his post diligently and even completed the Orientation Training Programme conducted from 10.08.2015 to 20.08.2015 at the institute of Food Security, Gurgaon. However, on account of his medical issue, petitioner submitted application for leave on 22.09.2015 alongwith medical certificate (Annexure P-6). He was unable to attend office on account of continuous treatment at Indus Hospital Mohali and as such submitted applications periodically for extension of medical leave. Copies of the leave applications dated 03.10.2015, 16.10.2015, 01.11.2015, 16.11.2015, 02.12.2015 and 14.12.2015 have been appended alongwith the petition as Annexure P-7 (colly). Petitioner received a letter dated 23.10.2015 from the respondent-Corporation directing him to get a medical report from the Principal, Medical Officer, Government Hospital Sector 16, Chandigarh in relation to his disease. It has been pleaded that on account of health issues he could not appear before the Medical Officer at the relevant point of time but subsequently when he visited the Medical Officer, Government Hospital, Sector 16, Chandigarh for medical examination he was informed by the Superintendent (Medical) that he needs to get his photo attested from the competent authority of PUNSUP so as to facilitate such medical examination. However vide impugned order dated 18.12.2015 (Annexure P-9) services of the petitioner were terminated. Petitioner preferred an appeal dated 28.12.2015 and which stands rejected vide order dated 02.06.2016 endorsed on 27.07.2016 at Annexure P-11.

(3.) Learned Senior counsel has argued that the respondent- corporation has terminated the services of the petitioner in an arbitrary and illegal manner. No opportunity of hearing was afforded to the petitioner and thereby the principles of natural justice have been violated. It is urged that the petitioner was suffering from a medical issue namely Benign Paroxysmal Positional Vertigo and on account of which he had applied for medical leave. Such medical leave was neither approved nor rejected and without giving any notice, the order of termination has been passed. It has been vehemently contended that even a probationer like a temporary servant, is entitled to certain protection and his services cannot be terminated arbitrarily and without complying with the principles of natural justice. Further argued that even though the impugned order on the face of it has been passed in innocuous terms yet it is actually stigmatic and punitive as would be discernible if the same was to be read alongwith the order passed by the Appellate Authority.