Bombay High Court Dismisses Petition Challenging Termination of Probationary Employee in Airports Authority of India — No Right to Post Confirmation. Probationer's termination without stigma and in accordance with service rules does not require hearing or reasons.

High Court: Bombay High Court Bench: BOMBAY In Favour of Prosecution

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2026-05-18 21:02:47

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Case Note & Summary

The petitioner, G.N. Mohanty, was appointed as Assistant Manager (Finance) in the Airports Authority of India (AAI) on probation for two years. His probation was extended by one year due to unsatisfactory performance. Before the extended probation period ended, his services were terminated by a simple order without assigning reasons. The petitioner challenged the termination, arguing that he had a right to be confirmed and that the termination violated principles of natural justice. The court examined the terms of appointment and the relevant service rules, which stated that probationers could be terminated without notice or reasons during the probation period. The court held that a probationer has no right to the post and that termination simpliciter, without stigma, is valid. The court also rejected the argument of deemed confirmation, noting that confirmation requires a specific order. The petition was dismissed, upholding the termination.

Headnote

A) Service Law - Probation - Termination of Probationer - The termination of a probationer without stigma and in accordance with the terms of appointment and service rules is valid and does not require a hearing or reasons. The petitioner, a probationer with Airports Authority of India, was terminated during extended probation period. The court held that a probationer has no right to the post and termination simpliciter is permissible. (Paras 1-10)

B) Service Law - Confirmation - No Automatic Right - Confirmation is not automatic upon completion of probation period; it depends on satisfactory performance and a positive decision by the employer. The petitioner's claim for deemed confirmation was rejected as the service rules require a specific order of confirmation. (Paras 11-15)

C) Service Law - Natural Justice - Applicability to Probationers - Principles of natural justice are not attracted in cases of termination of a probationer during probation period unless the termination is punitive or stigmatic. The termination order was simpliciter and did not cast any aspersion, hence no hearing was required. (Paras 16-20)

Issue of Consideration

Whether the termination of a probationer without assigning reasons and without a hearing is valid, and whether the petitioner has a right to be confirmed upon completion of probation period.

Final Decision

The petition is dismissed. The termination order is upheld.

Law Points

Probationer has no right to the post
termination without stigma does not require hearing
termination simpliciter during probation is permissible
Article 311 not applicable to probationers
service rules govern probation period

Case Details

2026:BHC-OS:7853-DB

Writ Petition No. 2879 of 2023

0000-00-00

2026:BHC-OS:7853-DB

Mr. Shailesh More, a/w Ms. Virakthi S. Hegde, for Petitioner; Mr. Rui Rodrigues, a/w Ms. Gargi Warunjikar, for Respondent No.1; Ms. Shilpa Kapil, a/w Mr. Chidanand Kapil, Ms. Vishwabharati Devkhile, for Respondent No. 2 (AAI)

G.N. Mohanty

Union of India, Airports Authority of India, and others

Nature of Litigation

Writ petition challenging termination of probationary employee

Remedy Sought

Quashing of termination order and reinstatement with consequential benefits

Filing Reason

Petitioner's services were terminated during extended probation period without assigning reasons or hearing

Issues

Whether termination of a probationer without reasons and hearing is valid Whether petitioner has a right to confirmation upon completion of probation period

Submissions/Arguments

Petitioner argued that termination was arbitrary and violated natural justice, and that he should be deemed confirmed after completing probation period. Respondents argued that probationer has no right to the post and termination simpliciter is permissible under service rules.

Ratio Decidendi

A probationer has no right to the post and termination simpliciter during probation period, without stigma, does not require hearing or reasons. Confirmation is not automatic and requires a specific order.

Judgment Excerpts

The termination of a probationer without stigma and in accordance with the terms of appointment and service rules is valid and does not require a hearing or reasons. Confirmation is not automatic upon completion of probation period; it depends on satisfactory performance and a positive decision by the employer.

Procedural History

The petitioner filed a writ petition before the High Court of Judicature at Bombay challenging the termination order dated [not mentioned] issued by the Airports Authority of India.