Termination from services

Even if you are a probationer, the fullfledged departmental inquiry is required to be held in relation to the misconduct committed. Now that your services are terminated and I presume that they have sacked you after following the Disciplinary Rules. You are required to find out loopholes in the Departmental inquiry. Find out whether the procedure prescribed under Disciplinary Rules were complied with by the Inquiry Officer and the Disciplinary authority. Also find out as to whether you were given reasonable and proper opportunity in accordance with the well founded principles of natural justice. If you can successfully establish the violation of the statutory rules, or the breach of natural justice, you can probably get a writ of certiorari in your favour. 

There is no question of "any human rights" violation involved in the matter like this. So I would correct you on this count. Your contents are not enough to comment on merits. The entire record in relation to Departmental inquiry has to be gone into. that is right from the preliminary inquiry to that of Regular Departmental inquiry and inclusive of any deposition made by the witnesses. To dismental the charge, version and the contents of the order of removal is not that easy. A querry in abstract and what types of the judgments would be helpful can not be resolved on a plat form preferred by you. You need to consult a good lawyer practicing on "Service jurisprudence".

Generally pobationary period of 2 years and this period is learning phase.If any officer fails to diligent and sincere works and misconduct then the Bank can terminate the service.There is no question of violation of human right.

Case ref:   MADRAS HIGH COURT

THere was no bad remark on my service sir

only the aversion took by chairman against me..moreover he transferred me to another state after issuing memo.... hes d accuser witness and the Disciplinary authority...

What if  i prove in court that the chairman took aversion on me ???

The services of the probationer can be terminated on expiry of the period of probation, if the services rendered are not satisfactory. However, if the services are sought to be terminated on the ground of "stigma", or misconduct, the fullfledged departmental inquiry is required to be held where the probationer should be given reasonable and proper opportunity of defence in accordance with principles of natural justice. So, when it involves allegation, there is no difference between the permanent employee and the probationer in relation to inquiry. My learned friend has referred to the judgment of Madras High Court. However, on principle, I agree that if there are no aspersion casts, no inquiry is necessary and employee on probation can be sacked. However, there should be proper justification on file. Otherwise, it would be arbitrary. (See DB Belliappa Vs. Government Press decided by his Lordship Justice DA Desai) In that case even a temporary employee, who faced the allegation on file that remained undisclosed could not be sacked, and more particularly when the juniors were continuing. 

Sir ,

in enquiry i was not allowed to defend myself sir..it was only a question and answer session sir ...

The presenting officer  was keep on asking questions but he didnt allow me to defend ...the presenting officer and the enquiry officer told that you will be given time to defend yourself ..but till at the end of enquiry i was not allowed to defend myself sir ....

I filed appeal to the board after termination order was passed... the board of directors dismissed stating no fresh grounds  sir ..they didnt even gave me a chance to hearing. .....

so both in enquiry and in appeal they didnt give any chance to hearing on my side sir....

Sir ,

is there any judgement  passed favour for appellant  stating that  no hearing was given for appellant .which is act against natural justice ???