Stigmatic termination of a probationer is punitive and requires full enquiry safeguards before dismissal can stand.

Termination of a probationary Principal founded on allegations of misconduct and accompanied by stigmatic findings was punitive in character, not a mere assessment of suitability for confirmation. Because the service regulations required a definite charge, communication of allegations, opportunity to defend, enquiry, management consideration, and approval before punitive action, those safeguards had to be followed. As no proper enquiry was held, the termination could not stand. Reinstatement with full consequential benefits, including salary and allowances as if there had been no break in service, followed.

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Issues: Whether the termination of a probationary Principal, though expressed as termination of probation, was in substance punitive and stigmatic so as to require compliance with the statutory enquiry procedure and the principles applicable to punitive dismissal.

Analysis: The service regulations governing recognised institutions required a definite charge, communication of allegations, opportunity to defend, enquiry, consideration by the Committee of Management, and approval before punitive action. The termination letter incorporated the managing committee's resolution, which in turn relied on the manager's adverse report describing serious lapses and indicating that the conduct was grave enough to justify dismissal. The action was therefore founded on misconduct and not on a simple assessment of suitability for confirmation. An order of termination which is based on allegations of misconduct and carries a mark of disgrace cannot be treated as an innocuous discharge of a probationer. In such a case, the procedural safeguards applicable to punitive action must be followed.

Conclusion: The termination was stigmatic and punitive, the required enquiry had not been held, and the termination could not stand.

Final Conclusion: The appellant was entitled to reinstatement in service with full consequential benefits, including salary and allowances as if there had been no break in service.

Ratio Decidendi: Where termination of a probationer is founded on allegations of misconduct and the order, read with the accompanying resolution, casts stigma, it is punitive in character and can be sustained only after compliance with the prescribed enquiry procedure and allied safeguards.

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