Dipti Prakash Banerjee VS. Satvendra Nath Bose National Centre For Basic Sc., Calcutta

Supreme Court of India

Case Law No.1341, Reporting JudgeM. Jagannadha Rao,d.P. Mohapatra

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Dipti Prakash Banerjee VS. Satvendra Nath Bose National Centre For Basic Sc., Calcutta

PETITIONER: DIPTI PRAKASH BANERJEE Vs.

RESPONDENT: SATVENDRA NATH BOSE NATIONAL CENTRE FOR BASIC SC., CALCUTTA

DATE OF JUDGMENT: 10/02/1999

BENCH: M. JAGANNADHA RAO, & D.P. MOHAPATRA

JUDGMENT: M.JAGANNADHA RAO,J.

Leave granted.

This Civil Appeal has been filed by the appellant questioning the correctness of the judgment of the Calcutta High Court in M.A.T.

No.1690 of 1997 dated 23.4.1998. By that judgment, the Division Bench affirmed the judgment of the learned Single Judge dated 15.5.1997 in W.P.

No.8484(W) of 1997 dismissing the writ petition filed by the appellant, a probationer and refusing to quash the order dated 30.4.1997, terminating his probation.

The facts of the case in brief are as follows: The appellant was appointed on 11.1.1995 as Office Superintendent in the respondent organisation, namely, Sri Satyendra Nath Bose National Centre for Basic Sciences, Calcutta. The order of appointment dated 11.1.1995 stated that the appellant would be on probation for one year and that he might be confirmed after one year provided the administration was satisfied with the quality of the appellant's service. His pay scale was to be in the scale of Rs.1400-1600-2300- 2600 with allowances. The appellant joined on 2.5.1995.

As we are concerned with the question of validity of the appellant's termination of probation, it is necessary to refer to the events that took place during the period of probation.

On 11.12.1995, the Director of the respondent organisation informed the appellant that the appellant's work was not satisfactory on several counts. The points mentioned in this letter are as follows:-

"(i) Your handling of the movement to the new campus was good till the good impression was spoiled by your refusal to handle the furniture in the Director's room and your statements about other administrative staff members, which were not corroborated by academic members present. Later movement to the JD Block by Prof. A.Mookerjee and the Director's office found you non-cooperative.

(ii) You have been preparing false bills; the fact that they were passed by your ...

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