- (1.) HEARD counsel for the petitioner and Sri R.N. Keshari appearing on behalf of respondents.
(2.) THE petitioner who was working on the post of single window operator -A in clerical cadre in Punjab and Sindh Bank is aggrieved by the orders dated 30.11.2013 and 2.12.2013 whereby his services have been terminated and one month salary in lieu of the notice has been given to him. It has been submitted by learned counsel for the petitioner that the impugned termination order has been passed without any notice or opportunity of hearing to the petitioner and is therefore, in breach to the principles of natural justice.
(3.) PERUSAL of the appointment letter dated 29.5.2013 reveals that the petitioner was placed on probation for a period of six month from the date of his joining the Bank. It has been further provided that the probation period can be extended first for the period of three month and again for further period of three months. Until the services are confirmed in writing, the petitioner would remain on probation. Clause 2(i) and 2(ii) of appointment letter which are relevant for the controversy involved is reproduced below : - 2. PROBATION and CONFIRMATION (i) You will be on probation for a period of Six months from the date of your joining the bank. You will be considered for confirmation in the service of the bank after six months on satisfactorily completing your probation period. In case, during the probation period, your conduct and performance are not found to be satisfactory, the probation period can be extended first for a period of three months and again for further period of three months. Until your services confirmed in writing, you will remain on probation. (ii) If during the period of probation, including the period of extensions, if any, the Competent Authority is of the opinion that you are not fit for confirmation, your services shall be terminated by giving one month's notice or by payment of one month's emoluments in lieu thereof. During probation period, you can leave the service by giving 14 days notice in writing failing which you will be liable to pay the Bank a sum equal to your 14 days pay and allowances." Admittedly, the services of the petitioner have not been confirmed and he was still on probation when the impugned termination order has been passed. Since the termination has been done during probationary period and as per clause 2(i) and 2(ii) of the appointment letter, and therefore, I am of the opinion that no opportunity of hearing was required to be given to the petitioner in this regard. As regards notice, admittedly, termination order can be passed after one month's notice and in case notice is not being given, salary in lieu thereof has to be given. It is not disputed by the petitioner that the cheque for sum of Rs.14,858/ - has been duly received by him in lieu of one month's pay.;