VIGILANCE MANUAL VOLUME III - AP Online

462 DECISION - 198
(198)
(A) Termination — of probationer
(B) Termination — of temporary service
Termination of services of probationer or a
temporary employee after assessment of nature of
performance for the limited purpose of determining
suitability, does not attract Art. 311 of Constitution.
Oil and Natural Gas Commission vs. Dr. Md. S. Iskander Ali,
1980(2) SLR SC 792
The respondent was appointed on a purely temporary basis
to the post of a medical officer in the Oil and Natural Gas Commission,
to remain on probation for one year, which can be extended at the
discretion of the appointing authority. After he completed the period
of one year on 15-10-66, his probation was extended for six months
and there was no express order either confirming him or extending
the period of probation. Ultimately, by an order dated 28-7-67, his
services were terminated with immediate effect.
The Supreme Court observed that the confidential roll
reflecting the assessment of the work during the period 31-12-65 to
30-12-66 clearly shows that he was careless and lacking in sense of
responsibility. The temporary employee is appointed on probation
for a particular period only in order to test whether his conduct is
good and satisfactory so that he may be retained. The remarks, in
the assessment roll, merely indicate the nature of the performance
put in by the officer for the limited purpose of determining whether or
not his probation should be extended and were not intended to cast
any stigma. The work of the respondent had never been satisfactory
and he was not found suitable for being retained in service and that
is why even though some sort of an enquiry was started, it was not
proceeded with and no punishment was inflicted on him. As the
respondent was merely a probationer, the appointing authority did
not consider it necessary to continue the enquiry but decided to