PALANI RAJA T Vs. MINISTRY OF DEFENSE

JUDGEMENT

(1.) WRIT petitioner had been appointed as "Mess Manager" in the Sainik School, Kodagu, w.e.f. 1.10.2011 as per the appointment order dated 7.9.2011 (copy produced at Annexure A).

(2.) IT is the case of the petitioner that he has been serving to the best of his ability and to the satisfaction of his employer, but there was some deficiency of service on the part of the 3rd respondent - Shri Sai Industrial Caterers, Bangalore, to whom the catering service had been entrusted by way of contract and in this regard the petitioner had also brought to the notice of the higher ups regarding the deficiencies on the part of the 3rd respondent and there were some developments in this regard.

(3.) PETITIONER is now basically aggrieved with the termination notice dated 4.2.2013 (copy produced at Annexure G) apprising him that his services will be terminated by 6.3.2013 forenoon and this is a one months notice for the same purpose and as the management is not satisfied with his services and also his reply, his services will be terminated by 6.3.2013. While the petitioner has approached this court questioning the legality based on the termination notice has also produced subsequent show-cause notice dated 23.2.2013 (copy at Annexure H) alleging unauthorized absence on the part of the petitioner on 22.2.2013 and that he was also not available at the Cadets Mess on 23.2.2013, when the Principal had visited the Mess at about 7.45 a.m. and his whereabouts were not known and without permission, he had kept away from work during duty hours and therefore, show cause notice was issued. It is the version of the petitioner that when he has already replied by his letters dated 25.2.2013 and 26.2.2013 which is also produced as Annexures J and K, by way of explanation for his absence on 24.2.2013. It appears the Staff Disciplinary Committee had been constituted to enquire into the question of his unauthorized absence from 22.2.2013 to 25.2.2013.