A probation period is a period of interim employment where the employee is kept under whether he suits the job and it is on the employer to decide whether to continue the employment or terminate the employee. There is no specific law or guidelines that regulate and control the management of probationary employees. However, there have been various judgments where the courts have laid down the conditions and procedure for the termination of probationary employees.
The courts have held that in case of termination the order given by the employer should not be stigmatic which means it should not mention anything that is defaming. In Pavanendra Narayan Verma v. Sanjay Gandhi PGI of Medical Sciences, the court held that if an order finds an employee guilty of moral turpitude or misconduct, such order will punitive.
In cases of commencement of criminal case against a probationary employee, it is left to the department to decide whether there is an effect of such criminal case on the terms of employment or not. In the case where the criminal case does not affect the department or is not of the kind which might lead to moral turpitude, the employer does not terminate the services. Once the guilt is proved against the employee it can be grounds for termination. Since there are no specific guidelines or laws related to the same, in many cases it is left to the discretion of the employer to decide.