Termination simpliciter

"Termination simpliciter" meant termination without any ceremony or termination in a summary manner and such a termination from service was when a probationer failed to meet the eligibility requirements of the post set by the employer like a departmental examination or in service training or if the appointment is ad hoc and dependent on certain conditions or if the post itself is abolished

Such like termination was not punitive or penalizing in nature and more importantly, it did not cast any allegation or affect the professional reputation of the officer or the future prospects of employment of the probationer and in such cases, probationer therefore need not be put on notice if the termination is actually a discharge from service or was termination simpliciter.

Contention of employee/petitioner was that though the service rules of Sui Northern Gas Pipeline Limited were not statutory in nature, however, the petitioner's services could not be terminated under the said rules, rather it should be terminated under the Removal from Service (Special Powers) Ordinance, 2000, therefore, the constitutional petition before the High Court was maintainable

Validity

Petitioner's contention that he should have been proceeded under the Ordinance, therefore, the constitutional petition was maintainable, was without substance

Appointment letter of the petitioner specifically provided that petitioner's service would be governed under the Rules and the termination order also showed that it was a case of non-extension of probationary period and termination simpliciter under the rules

Simpliciter termination without stigma could be made as per terms of the service contract

Under S.3 read with S.12 of the Ordinance showed that the matters which were governed under the Ordinance were dismissal, removal from service, compulsory retirement, reduction to lower post or pay scale or impose one or more minor penalties as prescribed in the Government Servants (Efficiency and Discipline) Rules, 1973 for grounds specified under S.3 of the Ordinance; petitioner in the present case was not dismissed or removed from service due to any allegations, but it was a case of non-extension of probationary period and simpliciter termination, which were governed under the non-statutory Rules and not by the Ordinance

Constitutional petition was dismissed in circumstances.

Constitutional petition was dismissed.