Shree Chandrashekhar, J. - (1.) The petitioner is aggrieved of order dated 23.05.2016 by which pursuant to a decision of Executive Committee of the Netarhat Vidyalya Samiti, he has been terminated from service.
(2.) Main plea raised by Mr. Anil Kumar Sinha, the learned Senior counsel for the petitioner is that on the basis of an ex-parte enquiry the petitioner cannot be terminated from service. By filing a counter-affidavit the respondents have supported the impugned order of termination dated 23.05.2016 primarily taking a plea that no show-cause notice was required to be given because the petitioner was a probationer whose services can be dispensed with without a show-cause notice. Mr. Anil Kumar, the learned Senior counsel for the respondents submits that extension of service of the petitioner granted by the Executive Committee was conditional and when it was observed that his performance was not satisfactory, in terms of Rule 12(b) of Netarhat Vidyalya Samiti's Recruitment, Service Conditions and Disciplinary Rules, 2011, his services were dispensed with.
(3.) The petitioner, pursuant to Advertisement No. 1 of 2012 by which applications for appointment of teachers, councellor, administrative officer and medical officer were invited, was appointed on the post of Administrative Officer. After appointment letter dated 15.03.2013 was issued to him he tendered his joining on the post of Administrative Officer on 26.03.2013 and by an order dated 30.03.2015 the period of probation was extended. Stand taken by the petitioner is that under the extant rules period of probation is for one year and there is no provision for extension for the period of probation. The petitioner has asserted that self-appraisal report submitted by him on 27.02.2015 was forwarded to the Principal of the school who gave remarks "excellent with Grade-A" to him, however, it was reduced by the Chairman of the Executive Committee to Grade-D. It appears that performance of the petitioner was discussed by the Executive Committee in its meeting held on 16.05.2016 and a decision was taken to terminate the petitioner's service.;