KUNWAR ARUN KUMAR versus U.P. HILL ELECTRONICS CORPORATION LTD. AND ORS.
The termination of the probationer's service for unsatisfactory performance, as recorded in the appointment letter and order, is permissible and does not require an enquiry or attract Article 311(2) protection; such termination is not stigmatic.
- Parties
- Petitioner: Kunwararunkumar; Respondents: U.P. Hill Electronics Corporation Ltd. and Ors.
- Jurisdiction
- India
- Judgment Date
- 28 October 1996
- Procedural Posture
- Special Leave Petition (c) / Supreme Court Appeal From Allahabad High Court Order Dated 3.7.1996 in W.p. No. 6676 (s/s) of 1992
- Outcome
- Petition dismissed.
- Legal Topics
- Termination During Probation, Unsatisfactory Performance, Requirement of Enquiry, Article 311(2) of the Constitution of India, Stigmatic Termination
Case Brief
Summary, issues, holding and outcome
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Parties
Kunwararunkumar
Petitioner
U.P. Hill Electronics Corporation Ltd. and Ors.
Respondents
Procedural Posture
Special Leave Petition (c) / Supreme Court Appeal From Allahabad High Court Order Dated 3.7.1996 in W.p. No. 6676 (s/s) of 1992
Legal Issues
- 1 Whether termination of a probationer's service for unsatisfactory performance without enquiry amounts to stigma
- 2 Whether such termination requires compliance with Article 311(2) of the Constitution
Ratio Decidendi
The termination of the probationer's service for unsatisfactory performance, as recorded in the appointment letter and order, is permissible and does not require an enquiry or attract Article 311(2) protection; such termination is not stigmatic.
Court Disposition
Petition dismissed.
Orders
- Special leave petition is dismissed.
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