Illegal Termination During Probation, Chhattisgarh HC Declines To Review Judgement

A single judge bench of the Chhattisgarh High Court comprising of Justice Rakesh Mohan Pandey held that a review cannot be used to reargue the case or introduce new arguments without an apparent error or new evidence. The court allowed the writ petition and passed an order dated 28.11.2023 revoking her termination and ordered the state to reinstate employee back into the service. It was submitted by the state that the following facts were not presented to the Court during the argument and disposal of the writ petition by the employee: Clause 4 of the appointment order provided that petitioner was appointed on probation for a period of two years and their services would be regularized only after completion of that period. It was submitted that though employee was on probation for a period of two years, she was appointed against sanctioned posts therefore, state was under obligation to conduct an inquiry before passing the termination order. Further the case of Parison Devi v. Sumitri Devi, was also relied upon wherein the Supreme Court held that a judgment can only be reviewed under Order 47 Rule 1 CPC if there is an error apparent on the face of the record.