G. Srinivasa Rao vs Union Of India And 3 Others on 28 July, 2026

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    Telangana High Court

    G. Srinivasa Rao vs Union Of India And 3 Others on 28 July, 2026

    Author: P. Sam Koshy

    Bench: P.Sam Koshy

          IN THE HIGH COURT FOR THE STATE OF TELANGANA:
                            HYDERABAD
                              ***
                  WRIT PETITION No.31340 of 2010
    
    
    Between:
    G. Srinivasa Rao, S/o. G.Rama Rao.
    
                                                              ...Petitioner
    
                                      AND
    
    Union of India, rep. by Secretary,
    Ministry of Chemicals and Fertilizers,
    New Delhi and 3 others.
                                                            ...Respondents
    
    
                    ORDER PRONOUNCED ON: 28.07.2026
    
    
                 THE HON'BLE SRI JUSTICE P.SAM KOSHY
                                      AND
         THE HON'BLE SRI JUSTICE NARSING RAO NANDIKONDA
    
    
    1.    Whether Reporters of Local newspapers
          may be allowed to see the Judgments?    :   Yes
    
    2.    Whether the copies of judgment may be
          marked to Law Reporters/Journals?       :   Yes
    
    3.    Whether His Lordship wishes to
          see the fair copy of the Judgment?      :   Yes
    
    
                                                      _______________
                                                       P.SAM KOSHY, J
                                    Page 2 of 14
    
    
    
    
                * THE HON'BLE SRI JUSTICE P.SAM KOSHY
                                      AND
        THE HON'BLE SRI JUSTICE NARSING RAO NANDIKONDA
    
                   + WRIT PETITION No.31340 of 2010
    
    
    % 28.07.2026
    # Between:
    G. Srinivasa Rao, S/o. G.Rama Rao.
                                                                  ...Petitioner
    
                                      AND
    
    Union of India, rep. by Secretary,
    Ministry of Chemicals and Fertilizers,
    New Delhi and 3 others.
                                                             ...Respondents
    
    
    ! Counsel for petitioner(s)     : Dr. K. Lakshmi Narasimha.
    
    ^Counsel for respondent(s)      : Mr. G. Jayaprakash Babu, learned
                                      counsel for respondent Nos.2 and 3.
    
    
    
    <GIST:
    > HEAD NOTE:
    
    ? Cases referred
       1) 1994 SCC OnLine P&H 166
       2) (2005) 5 SCC 569
       3) (2004) 11 SCC 743
       4) 2023 INSC 798
                                          Page 3 of 14
    
    
    
    
             THE HIGH COURT FOR THE STATE OF TELANGANA
                           AT HYDERABAD
    
    
                   THE HON'BLE SRI JUSTICE P. SAM KOSHY
    
                                             AND
    
         THE HON'BLE SRI JUSTICE NARSING RAO NANDIKONDA
    
    
                        WRIT PETITION No.31340 of 2010
    
                                   Date : 28.07.2026
    
    Between:
    G. Srinivasa Rao, S/o. G.Rama Rao.
    
                                                              ...Petitioner
    
                                             AND
    
    Union of India, rep. by Secretary,
    Ministry of Chemicals and Fertilizers,
    New Delhi and 3 others
                                                           ...Respondents
    
    
    
    ORDER:

    (per Hon’ble Sri Justice P. Sam Koshy)

    Heard Dr. K. Lakshmi Narasimha, learned counsel for the

    SPONSORED

    petitioner; and Mr. G. Jayaprakash Babu, learned counsel for

    respondent Nos.2 and 3.

    2. The instant writ petition has been filed by the petitioner under

    Article 226 of the Constitution of India seeking for issuance of a Writ,

    Order or Direction, more particularly one in the nature of Writ of
    Page 4 of 14

    Mandamus praying the Court to call for the records and to set aside

    the order passed by the Central Administrative Tribunal, Hyderabad

    Bench, Hyderabad (for short the ‘Tribunal’) dated 06.10.2010 in

    O.A.No.789 of 2009 as well as the proceedings

    No.CROP/PERT/DOP/TERM/2009-2010, dated 13.08.2009, passed by

    respondent No.3 (for short, ‘the impugned order’); to set aside the

    same as illegal, arbitrary and unjust and violative of principles of

    natural justice; and to consequently direct the respondents to

    reinstate the petitioner into service with all consequential service and

    monetary benefits.

    3. Vide the impugned order, the Tribunal had dismissed

    O.A.No.789 of 2009, dated 06.10.2010, on the ground that there are

    no justified grounds for intervention of the Tribunal in respect of the

    impugned proceedings dated 13.08.2009 either on the ground that

    the same is punitive in nature or on the ground that no inquiry had

    been conducted against him by giving opportunity and also violation of

    constitutional mandate.

    4. Initially, the petitioner had approached the Tribunal assailing

    the proceedings No.Corp/Per/DDPAF/Term/2009-10, dated

    13.08.2009, passed by respondent No.3 and to direct the respondents
    Page 5 of 14

    to continue the petitioner as Manager in respondent No.2 organization

    and to release all consequential benefits on the ground that the

    impugned order is stigmatic in nature and such an order has to be

    passed only by following the constitutional mandate as contemplated

    under Article 311(2) of the Constitution of India and also the

    procedure contemplated under CCS (CCA) Rules; and the

    consequential order of relieving the petitioner from service by which

    the probationary services of petitioner was ordered to be terminated

    after one (01) month of notice w.e.f. 14.09.2009 onwards.

    5. The facts in nutshell are that the petitioner was initially

    appointed for the post of Manager (Technical) vide order of

    appointment dated 25.07.2008 pursuant to which the petitioner

    entered into an agreement insofar as the terms and conditions of offer

    of appointment is concerned and joined the services w.e.f.

    08.09.2008. While the petitioner was on probation, the impugned

    notice dated 13.08.2009 was issued intimating the petitioner that the

    organization did not found his performance to be satisfactory; and in

    spite of oral counseling being done on many occasions, the

    organization had decided not to continue with the probation period

    and accordingly ordered that the services of petitioner would stand
    Page 6 of 14

    terminated after one (01) month; and accordingly, the impugned

    notice dated 18.08.2009 came to be issued to the petitioner

    intimating him that his services would stand terminated w.e.f.

    14.09.2009.

    6. The challenge to the impugned order dated 13.08.2009, by the

    petitioner, before the Tribunal was on the ground that:-

    a) The impugned order is punitive in nature; hence enquiry ought

    to had been conducted.

    b) The impugned order on the plain reading of it is a stigmatic

    order and for which reason also enquiry becomes necessary, as

    the organization as also the petitioner would had got a chance

    of establishing their case.

    c) The action on the part of the respondents is contrary to the

    judicial precedents rendered by the Hon’ble Supreme Court.

    d) The Tribunal has not considered the contentions put forth by the

    petitioner in the course of his arguments, and the finding

    arrived at by the Tribunal is also without proper appreciation of

    the rule position as it stands.

    e) Since the impugned order passed is, firstly, without enquiry and

    secondly, being stigmatic, it amounts to an act which is violative
    Page 7 of 14

    of the very basic principles of natural justice and also in

    contravention to the constitutional provision under Article

    311(2) of the Constitution of India.

    7. It was also the contention of the learned counsel for the

    petitioner that the impugned order is one which was passed after the

    one year period of probation, for which reason the impugned order is

    liable to be interdicted.

    8. Per contra, the learned counsel for respondent Nos.2 and 3

    contended that a plain reading of the order of appointment, conditions

    attached thereto, as also the plain reading of the impugned order of

    termination from services are all by itself self-explanatory. According

    to the learned counsel for respondent Nos.2 and 3 it is a clear case of

    termination simpliciter where a person’s services during his probation

    period on account of non-performance and also on account of non-

    satisfactory performance, stood disengaged. According to the learned

    counsel for respondent Nos.2 and 3 since the petitioner was on

    probation period, the services of the petitioner were discontinued on

    giving 30 days’ notice time, or else the respondents could also have

    discontinued the services of the petitioner forthwith after paying him

    the salary for the notice period in lieu of notice.
    Page 8 of 14

    9. It would be relevant at this juncture to take note of clause 4 of

    the appointment order dated 25.07.2008, which for ready reference is

    reproduced hereunder:

    “Clause 4 : It stipulates that period of probation is one year. During

    the period of probation, if the performance is found unsatisfactory

    services may be terminated………………….”

    10. After reading the clause 4 of the appointment order, it would be

    also relevant at this juncture to refer to the termination order, which

    again for ready reference is reproduced hereunder:

    ORDER
    Sub: Termination of Probation Period
    G.Srinivasa Rao is hereby informed that his performance is found not
    satisfactory. He has been orally counseled on many occasions by the
    Centre Head and also he has been issued Advisory Note on 6.4.2009
    to improve his performance in the areas of taking initiative,
    resourcefulness, willingness to assume responsibility. Further he has
    been directed to be present at CIPET Corporate on 12-May 2009 at

    11.00 hrs to discuss about his performance at CIPET Centre,
    Hyderabad. He was also present at CIPET Corporate on 12.05.2009 at
    11.00 am. The Director General, CIPET has advised him to improve
    his performance failing which appropriate action will be taken on him.
    He has also assured to improve his performance.

    We regret to inform that he has not taken keen interest to improve
    his performance even after the above cited counseling and advisory
    note. Under these circumstances we have left with no alternative
    other than to dispense with his services at CIPET. Therefore in
    accordance with the Clause 4 of the Appointment Order dtd. July 25,
    Page 9 of 14

    2008 and also Clause (d) of the Agreement Bond dt.8.9.2008, he is
    hereby served this one month notice of termination of his probation
    period from the services of CIPET. Accordingly his probationary period
    will stand terminated on 14.09.2009 (AN). He is entitled to draw all
    his terminal benefits as per rules.

    This issues with the concurrence of the Competent Authority.”

    From a plain reading of the afore-referred order, it would clearly

    reflect that the reasons for discontinuing the services of the petitioner

    was the non-performance or poor performance on the part of the

    petitioner. A plain reading of the impugned order would also show that

    the petitioner has been warned on earlier occasions and was also

    advised to improve his working.

    11. Upon reading the contents of the aforesaid order of termination,

    what needs to be looked into at this juncture is, was it required for the

    respondents to have conducted an enquiry before disengaging the

    services of the petitioner while on probation.

    12. It is by now a well settled proposition of law that only on mere

    completion of probation tenure by itself would not give a confirmation

    to the probation period unless there is a specific order passed in this

    regard confirming the services of the employee and that too after

    being satisfied of his / her performance during the probation period.
    Page 10 of 14

    This in other words means that if an employee’s services have been

    placed on probation, until and unless there an order is passed

    confirming the services, the concerned employee for all practical

    purposes remains as a probationer. Further, when we look into the

    impugned order, what is also reflected is that the impugned order as

    such does not speak of any alleged misconduct committed by the

    petitioner, but only speaks of the performance not being satisfactory.

    Moreover, it also reflects that the petitioner was indicated in this

    regard to improve his performance. In spite of opportunities being

    granted to him, if the organization still did not find his performance up

    to the mark, in terms of clause 4 of the appointment order, the

    organization has all the rights to discontinue the services on the

    ground of non-performance.

    13. The reference of non-performance or under performance in the

    order of termination simpliciter by itself cannot be construed to be

    stigmatic order or an element of misconduct being reflected in the

    said order. In the case of Sher Singh, Ex-Constable vs. State of

    Haryana & Ors. 1 the full Bench of the Punjab & Haryana High Court

    had an occasion of dealing with the termination of a police personnel

    1
    1994 SCC OnLine P&H 166
    Page 11 of 14

    during probation period. The Full Bench through the said judgment

    held that a probationer has no right to the post and the services are

    terminable at any time during the said period. A probationer can

    expect a secure position in service only if he satisfies the superiors in

    the Department, who in turn, would be convinced of the said

    probationer being likely to be proved as an efficient probationer. The

    Full Bench went on to hold that if the employer or the concerned

    disciplinary authority finds somebody to be not active, not disciplined,

    not self-reliant, not punctual, not sober, and also being not courteous

    and straightforward, the authority has the right to reasonably form an

    opinion that the employee is not likely to be proved to be an efficient

    officer and under the said circumstances the disciplinary authority can

    discharge a person from service. The said observations made by the

    Full Bench was in fact followed by the Hon’ble Supreme Court in the

    case of State of Punjab and Others vs. Sukhwinder Singh 2.

    14. Again In the case of State of Punjab and Others vs. Balbir

    Singh 3, the Hon’ble Supreme Court, held at paragraph Nos.7 and 11

    as under:

    2

    (2005) 5 SCC 569
    3
    (2004) 11 SCC 743
    Page 12 of 14

    “7. Thus the principle that in order to determine whether the
    misconduct is motive or foundation of order of termination, the test
    to be applied is to ask the question as to what was the “object of the
    enquiry”. If an enquiry or an assessment is done with the object of
    finding out any misconduct on the part of the employee and for that
    reason his services are terminated, then it would be punitive in
    nature. On the other hand, if such an enquiry or an assessment is
    aimed at determining the suitability of an employee for a particular
    job, such termination would be termination simpliciter and not
    punitive in nature. This principle was laid down by Shah, J. (as he
    then was) as early as 1961 in the case of State of Orissa v. Ram
    Narayan Das [State of Orissa
    v. Ram Narayan Das, (1961) 1 SCR 606
    : AIR 1961 SC 177 : (1961) 1 LLJ 552] . It was held that one should
    look into “object or purpose of the enquiry” and not merely hold the
    termination to be punitive merely because of an antecedent enquiry.

    Whether it (order of termination) amounts to an order of dismissal
    depends upon the nature of the enquiry, if any, the proceedings
    taken therein and the substance of the final order passed on such
    enquiry. On the facts of that case, the termination of a probationer
    was upheld inasmuch as the purpose of the enquiry was held to be to
    find out if the employee could be confirmed. The purpose of the
    enquiry was not to find out if he was guilty of any misconduct,
    negligence, inefficiency or other disqualification.
    xxx xxx xxx

    11. In the light of the above legal position, we will now determine
    whether, in substance, the order of discharge in the present case is
    punitive in nature. For this purpose it would be necessary to
    ascertain, firstly, the “nature of enquiry” i.e. whether the termination
    is preceded by a full-scale formal enquiry into allegations involving
    misconduct on the part of the respondent, which culminated in the
    finding of guilt, and, secondly, the “purpose of the enquiry” i.e.
    whether the purpose of the enquiry is to find out any misconduct on
    Page 13 of 14

    the part of the employee or it is aimed at finding out as to the
    respondent being unlikely to prove as an efficient police officer.”

    The aforesaid legal position was also subsequently reiterated by

    the Hon’ble Supreme Court in the case of The State of Punjab and

    Others vs. Jaswant Singh 4.

    15. In the instant case also admittedly the services of the petitioner

    got relieved vide order dated 13.08.2009. Likewise, there is also no

    dispute so far as the impugned order having been issued without

    conducting a departmental enquiry, and the impugned order also does

    not spell out any specific misconduct on the part of the petitioner,

    rather it only refers to the underperformance or poor performance,

    which cannot be said to be either stigmatic or an order which reflects

    misconduct to have been committed.

    16. For all the aforesaid reasons, we do not find any strong case

    made out by the petitioner calling for an interference to the impugned

    order passed by the Tribunal. The writ petition thus fails and is

    accordingly dismissed confirming the order passed by the Tribunal.

    4
    2023 INSC 798
    Page 14 of 14

    17. As a sequel, miscellaneous petitions pending if any in this Writ

    Petition, shall stand closed.

    _____________
    P.SAM KOSHY, J

    _________________________
    NARSING RAO NANDIKONDA, J

    Date: 28.07.2026
    Note: L.R. copy to be marked.

    (B/o) Ndr / GSD



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