VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT Petition No.2959 OF 2008 Deepak Society & Anr. Petitioner Vs. Smt. Ashwini Amol Chougule & Ors. Respondents Mr. Suresh S. Pakale, for the Petitioner. Mr. M. S. Topkar, for the Respondent No.1. Mr. A. P. Vanarase, AGP for the respondent Nos. 2 and 3. CORAM : Dr. D. Y. CHANDRACHUD, J. DATE : JULY 2, 2008. PC :- . The services of the First Respondent who was appointed as a Shikshan Sevak on probation on 1st December 2003, were terminated on 30th November 2006. The First Respondent approached the Grievance Committee which has passed the impugned order dated 12th February 2008, granting reinstatement with one-third back-wages. The Grievance Committee has observed that, no opportunity was given to the First Respondent for explaining the allegations against her. 2. There is merit in the submission, prima-facie, that the Grievance Committee has failed to appreciate the nature and purpose of the evaluation which is required to be - 2 - carried out during the course of the probationary period. This evaluation is not an inquiry into allegations of mis-conduct but is an assessment which is carried out for the purpose of determining whether an employee has rendered satisfactory service, for being confirmed. The learned counsel appearing on behalf of the Petitioner has relied upon memos dated 1st September 2004 and 31st August 2005, issued to the First Respondent, which are annexed at Exhibit-D to the petition, and upon certain reports annexed at Exhibit-E to the petition, with regard to the deficiency in the teaching methods of the First Respondent. The order of the Grievance Committee would show that the material upon which reliance has been placed by the Petitioner, has not been considered. 3. In these circumstances, learned counsel appearing on behalf of the Petitioner and the First Respondent are in agreement that the impugned order should be set aside and the proceeding should be remitted back to the Grievance Committee for reconsideration. Hence, the following order (i) In order to facilitate a fresh determination of the appeal filed by the First Respondent, the impugned order dated 12th February, 2008 passed by the Grievance Committee is set aside; (ii) Appeal No. 52 of 2006 shall stand restored to the - 3 - file of the Grievance Committee for passing a fresh order after hearing the parties. (iii) All the rights and contentions of the parties on merits are kept open, to be agitated before the Grievance Committee. . The petition is accordingly disposed of, since no other point has been pressed. Sd/- [ Dr. D. Y. CHANDRACHUD, J.]