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2001 (1) TMI 984

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....ion. Within the probationary period, by order dated 16th June, 1991, his services were teminated. In the order terminating the services, it was mentioned as follows: "As a matter of policy, as usual, a committee was constituted to go into the general performance of each staff. The committee after having gone through the records of each individual right from the date of his/ her inception in....

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....his order was again challenged and the Tribunal came to the conclusion that the real reason for passing this order was that his services were found to be unsuitable and, therefore, this was by was of punishment, The order was set aside and the high Court upheld the decision of the Tribunal. Hence, this appeal. There can be no manner of doubt that the employer is entitled to engage the services of....

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....e order itself casts a stigma. We do not say that such a contention will succeed. Normally, therefore, it is preferred that the order itself does not mention the reason why the services are being terminated. If such an order is challenged, the employer will have to indicate the grounds .on which the services of a probationer were terminated. Mere fact that in response to the challenge, the employ....