Probationary termination requires bona fide assessment records before unsatisfactory performance can justify dismissal.

A statutory power to terminate a probationer for unsatisfactory performance must be exercised consistently with mandatory service-rule requirements for objective assessment and record maintenance. The appointing authority may terminate probation, but the prescribed assessment material must be bona fide, duly prepared, and considered before the order is issued. Here, inconsistent dates and doubtful assessment records raised non-compliance with the rules, so the termination was not shown to satisfy the statutory and rule-based requirements and the reinstatement order was upheld.

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Issues: Whether the termination of a probationary employee's service was valid when the Management acted under the statutory power to terminate probation but the required objective assessment record under the service rules was found to be suspect and not duly complied with.

Analysis: The power to terminate a probationer rests with the appointing authority if the probationer's work is unsatisfactory, and that power is not overridden by the service rules. However, the applicable rules required the employee's performance during probation to be objectively assessed by the Head and the record of such assessment to be maintained. Reading the statutory power and the rules together, the Management had to take the prescribed assessment material into account before invoking the power of termination. On the facts, the confidential report and related documents contained inconsistent dates and created doubt whether the assessment had been properly prepared and considered before the termination order was passed.

Conclusion: The termination was not shown to have complied with the statutory and rule-based requirements, so the challenge to the termination failed and the employee's reinstatement order was upheld.

Ratio Decidendi: Where probationary termination is governed by a statutory power read with mandatory assessment rules, the employer must act on a bona fide and duly maintained assessment record before terminating service on the ground of unsatisfactory performance.

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