AGRAWAL KANYA PATHSHALA SAMITI Vs. GOPAL KRISHAN SHARMA

JUDGEMENT

(1.) THE petitioner Institution (for short 'Institution') appointed the respondent (for short 'employee') on the post of Senior Clerk in the grade of 1200 -2050 vide order dated September 14, 1991 and placed him on probation for a period of one year. The period of probation was further extended upto September 15, 1993 vide order dated August 16, 1992. But prior to the completion of the probation period the Managing Committee of the Institution vide order dated August 14, 1993 relieved the employee from the services on the ground that his services were not found satisfactory. The employee assailed the order by filing an appeal before the Rajasthan Non Government Educational Institutions Tribunal Jaipur (for short 'the Tribunal'). The Tribunal vide order dated September 24, 2003 allowed the appeal and set aside the order dated August 17, 1993 and directed the Institution to reinstate the employee with all consequential benefits. The Institution in the instant writ petition, has called in question the order dated September 24, 2003 of the Tribunal.

(2.) IT is contended on behalf of the Institution that since the Institution removed the employee without any stigma therefore no enquiry was required to be conducted against the employee. According to the Institution the services of the employee were terminated only because of unsatisfactory work.

(3.) BEFORE proceeding further it will be useful to take stock of Rule 30 of the Rajasthan Non Government Educational Institutions (Recognition, Grant -in -aid and Service Conditions etc.) Rules, 1993 (for short '1993 Rules'), which provides thus: - - '30. Period of Probation (a) All persons appointed in the Institution shall be placed on probation for a period of one year. (b) If it appears to the Managing Committee, at any time, during or at the end of the period of probation, that the employee has not made sufficient use of his opportunity or has failed to give satisfaction, the Managing Committee may discharge or terminate him from service with prior approval of the authority competent to approve the appointment (Appendix IX). Provided that the Managing Committee may, if it so thinks fit in any case, extent the period of probation not exceeding one year.'