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TMI Blog2008 (2) TMI 917X X X X Extracts X X X X X X X X Extracts X X X X ..... on probation for a period of two years from 8th August, 1992. Ordinarily, the period of probation would have come to an end on 7th August, 1994, but before completion of the said period, the service of the Respondent No.1 was terminated by the Management of the Appellant-Society with effect from 31st July, 1994, although the order of termination was dated 1st August, 1994, on the ground that his work was found to be unsatisfactory during the period of probation. While terminating his services, the Appellant-Society also paid a sum of ₹ 3076/- to the Respondent No.1 as notice pay. 3. The Respondent No.1 challenged the order of termination of his service before the School Tribunal under Section 9 of The Maharashtra Employees of Pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... No.1 had already been terminated. On account of the above, and in particular violation of Rule 15(6) of the MEPS Rules, 1981, the Tribunal allowed the appeal and set aside the order of termination with a direction on the Appellant-Society to reinstate the Respondent No.1 in the same post from 1st April, 1997 and to pay him his arrears of salary from 1st August, 1994 till the date of re-joining his duties in the school. 6. The said order of the School Tribunal was challenged by the Society before the Nagpur Bench of the Bombay High Court by way of Writ Petition No.939 of 1997. Affirming the view taken by the School Tribunal, the High Court dismissed the Writ Petition against which the instant appeal has been filed. 7. Notwithsta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... duly shown to the Respondent No.1 on 7th July, 1994 which would be evident from his signature and the date against it on the form itself. It was submitted that the Respondent No.1 had been duly informed of his performance and the assessment made on the basis thereof which would clearly disprove the case of the Respondent No.1 that no assessment had been made of his performance during his period of probation or that he was not informed of the same before his services were terminated. It was urged that the requirement of Rules 14 and 15, and, in particular 15(6) of the MEPS Rules, had been strictly complied with, which enabled the Society, which was in Management of the School, to take a decision to terminate the services of the Respondent No ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... addressed by the Head Mistress of the School to the Secretary of the Progressive Education Society, the Appellant herein, enclosing a copy of the Confidential Report, is dated 24th June, 1994, whereas the Report itself is dated 4th July, 1994, which, in no uncertain terms, established that the forwarding letter of the Head Mistress alleged to have been sent on 24th June, 1994 was an afterthought or had been prepared when the Report itself was not ready. In addition to the above, it was also pointed out that at the end of the Assessment Form the signature of the Reviewing Authority did not indicate any date on which it had been signed, once again giving rise to the suspicion that the document had been prepared only for the purposes of the r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... actory during the period of probation. The assessment has to be made by the Appointing Authority itself and the satisfaction is that of the Appointing Authority as well. Unless a stigma is attached to the termination or the Probationer is called upon to show cause for any shortcoming which may subsequently be the cause for termination of the Probationer's service, the Management or the Appointing Authority is not required to give any explanation or reason for terminating the services except informing him that his services have been found to be unsatisfactory. 14. The facts of this case are a little different from the normal cases relating to probation and the termination of the services of a Probationer in that the satisfaction re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dates which appear both on Part-I and Part-II of the said Report. Part-I of the Self-Assessment Form gives the particulars of the concerned teacher and the remarks of the Reporting Authority, namely, the Head Mistress of the School. The date in the said Part is shown as 4th July, 1994, whereas the date at the end of Part-II, which is the form of the Confidential Report giving details of the teacher's performance, is dated 24th June, 1994, which appears to be in line with the date given of the forwarding letter written by the Head Mistress to the Secretary of the Society. To add to the confusion created by the different dates on the form, there is a third date which appears on Part-I of the Self-Assessment Form which shows that the docu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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