DIRECTOR, CENTRAL INSTITUTE PSYCHIATRY Vs. KUNDAN SINGH

JUDGEMENT

(1.) IN the instant writ petition the petitioner Central Institute of Psychiatry has prayed for quashing the order dated 23.6.2008 passed by the Central Administrative Tribunal, Patna Bench, Circuit bench at Ranchi in Original Application No. 201/2006, whereby the order dated 25.2.2006 and 25.8.2006 terminating the services of the respondent were set aside and further the petitioner was directed to reinstate the respondent in service.

(2.) THE facts of the case lie in a narrow compass.

(3.) MR . A. Allam, learned Counsel appealing for the petitioner -Institute assailed the impugned order of Tribunal as being illegal and wholly without jurisdiction. Learned Counsel submitted that admittedly the respondent was appointed temporarily on probation for a period of two years, which was extended for a further period of one year. During the period of probation several allegations and complaints were made which were time to time enquired and the orders of censor, warning and even withdrawal of increment were passed. Even thereafter the respondent did not reform himself and his performance remained unsatisfactory throughout. The petitioner -employer, therefore, decided to terminate the services of the respondent. Hence the order of termination is simplicitor and not punitive. Learned Counsel put reliance on the decision in the case of State of Punjab and Ors. v. Sukhwinder Singh 2005 AIR SCW 3477 and in the case of State of Punjab v. Balbir Singh 2004 AIR SCW 5248.