Sanjay Bharti Vs State of Chhattisgarh and others.

Chhatisgarh High Court (Single Judge)

WPS->WRIT PETITON SERVICE MATTER, 6556 of 2011, Judgment Date: Mar 10, 2014

A probationer has no right to hold the post and his service can be terminated at any time during or at the end of the period of probation on account of general unsuitability for the post held by him. If the competent authority holds an inquiry for judging the suitability of the probationer or for his further continuance in service or for confirmation and such inquiry is the basis for taking decision to terminate his service, then the action of the competent authority cannot be castigated as punitive. However, if an allegation of misconduct constitutes the foundation of the action taken, the ultimate decision taken by the competent authority can be nullified on the ground of violation on the ground of violation of the rules of natural justice.

Coming to the facts of the present case, it is clear as crystal that the petitioner’s termination is not on the basis of any ex parte departmental enquiry and is based on proved/undisputed facts, which make the petitioner unlikely to become a satisfactory police officer, within the meaning of regulation 59 and has not been dismissed on any alleged misconduct without affording any opportunity of hearing to the petitioner, and therefore, the instant case is covered by the ratio of law laid down by the Supreme Court in the case of Kendriya Vidyalaya Sangathan v. Arunkumar Madhavarao Sinddhaye & Anr. (supra)