Government can terminate temporary staff without assigning reason: Central Administrative Tribunal



The central government can terminate the services of its temporary employee without assigning any reason, the Central Administrative Tribunal (CAT) said.

The tribunal passed the order on a petition filed by an ex-technician Avinash challenging his termination by the Safdarjung Hospital after his services were not found satisfactory during the probation period.

"Offer of appointment specifically provides that the services of an applicant can be terminated at any time without assigning any reason. There is no mandatory provision to assign any reason thereof," the CAT, comprising members Dharam Paul Sharma and N D Dayal, said.

Rejecting the contentions of Avinash, the Tribunal said it is a case of "termination simpliciter in legitimate exercise of power under the Central Civil Services (Temporary Services) rules."

Avinash cited a number of cases which had been decided on similar lines in the apex court and said his termination was an example of violation of "principles of natural justice."

Comments

Anonymous said…
This judgment of CAT shows that even judiciary is against labour. There should be provision of warning in probation period before terminating the employee.
Anonymous said…
This is a clear case of violation of principle of natural justice and this judgment can prove fatal for new entrant and give more dictatorship to bureaucracy.

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