Sacked official was on probation for 8 years. Gujarat high court reinstates him

The Gujarat high court ruled that rule makes it abundantly clear that the probation period can be extended for a maximum period of two years beyond which probation cannot be extended.

Ahmedabad: A Gujarat government official who was retained on probation for eight years before being sacked by the state government will have to be reinstated, the Gujarat high court has ordered.

The Gujarat high court has reinstated an official who was sacked from service after being kept on probation for nearly 8 years.

About three years ago, the state government terminated the services of the official, who was appointed as a mamlatdar, or the head of revenue administration overseeing an average of 50 villages or so, three years ago.

Chintan Vaishnav, who challenged his termination from service by the Gujarat government, won the legal battle. The high court aside the termination order dated March 2, 2019.

He has been deemed confirmed as per Rule 10 (A) of Gujarat Civil Service Classification and Recruitment (General) Rules, 1967 as amended in 1994.

“A bare reading of the above-referred rule makes it abundantly clear that the probation period can be extended for a maximum period of two years beyond which probation cannot be extended,” the court said in its order.

“The respondents are directed to reinstate the petitioner in service forthwith on the post on which he was working prior to the order of termination. The petitioner is deemed to have continued in service and shall be entitled to all consequential benefits. The respondents are directed to reinstate the petitioner and give all consequential benefits within a period of three months from the date of receipt of copy of this judgment,” the high court said.

Vaishnav’s first posting was as the Administrator of the Dwarkadhish temple trust at Dwarka. On March 19, 2012, the petitioner was transferred to Surendranagar. During the course of his service, the petitioner passed his lower level as well as higher-level departmental examinations. The period of probation of the petitioner was extended after it was over on May 8, 2013. Initially, it was extended for a period of one year till May 8, 2014 vide order dated February 2, 2014. Thereafter, it was extended for a period of six months till November 8, 2014.

During the years that he worked before his sacking, two charge-sheets were filed against him by the department in one of which he was punished.

Vaishnav’s counsel told the court that as far as disciplinary proceedings are concerned, in one case the order of stoppage of increment could not be implemented on the ground that the respondent was a probationer. Since was not drawing increments, the penalty could not be inflicted

“As far as the second charge is concerned since the petitioner was already exonerated, it was never implemented and, therefore, these grounds cannot be taken as grounds for termination,” the petitioner’s lawyer Hriday Buch told the court

The bench ruled that the period of probation was over and the official should have been treated as deemed confirmed, and therefore the order of termination dated March 2, 2019 is held to be bad, the high court said.