Abhijit Gangopadhyay, J. - (1.) This appeal has been filed against the judgment and order dated 1st February, 2019 passed in a writ application being W.P. No. 3691 (W) of 2017. The grievance of the appellant is that the writ court has committed error, inter alia, in not passing an order of reinstatement of the appellant even after holding that the termination order dated 2nd February, 2017 was a stigma. The appellant has submitted that the said order is ex facie stigmatic and contain grave allegations against the appellant, thereby affecting his status in the society at large and future employment prospects. The charges and imputations contain in the said letter, forming the foundation of the order, are grave and serious in nature and accordingly, such an order could not have been lawfully passed without issuing a show cause and holding a full-fledged enquiry against the appellant (notwithstanding the fact that he was on probation) - which was not done by the Respondent authority. It has further been submitted by the appellant that no correspondence had ever been addressed by the management of the Respondent College to the appellant even remotely mentioning such grave charges. It is further submitted that mere direction of deletion of the stigmatic portion of the termination letter as passed by the writ Court is incorrect. It is the further submission of the appellant that the impugned termination order is to be set aside in its entirety and a direction of reinstatement in service of the appellant with arrear salary should be passed.
(2.) The appellant filed the writ application challenging the termination of his service by termination letter dated 2nd February, 2017 issued to him by his employer RCC Institute of Information Technology (RCC, in short, hereafter) during his extended probation period. The appellant joined RCC as the Principal on 26th August, 2015.
(3.) In the appointment letter issued to the appellant it was mentioned that he would be in probation for a minimum period of one year from the date of his joining and will be absorbed on regular basis on satisfactory completion of the probationary period.;