State of Orissa and Others vs Jyoti Ranjan Kar

Leave granted.

The respondent''s service was terminated during the period of probation, apparently, because he was found unsuitable for the post. Respondent challenged the termination of his service before the tribunal. The tribunal has set aside the order of termination on the ground that the termination order itself did not disclose the reason for termination. Hence this appeal by special leave.

Admittedly, the rules permit termination of service during the period of probation on the ground of unsuitability. This fact has been stated to be the reason for termination of respondent''s service in response to the notice issued to the State government when the termination order was challenged before the Tribunal. It is, therefore, clear that the termination of respondent''s service was in accordance with rules and the action was not arbitrary. There is no infirmity in the termination order to permit its quashing by the tribunal.

Consequently the appeal is allowed. The impugned order of the'' tribunal is set aside with the result that the respondent''s application made to the tribunal for quashing the termination order stands rejected. No costs.