KRISHAN KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The principle question which needs determination in -this case is as to whether EAN-INDIA is a "State" or "another authority" within the meaning of Article 12of Constitution of India amenable to the writ jurisdiction of this Court. This controversy arose in this petition as the petitioner has challenged the termination of his service by order dated 30th November, 1998 and respondents have challenged the maintainability of such petition.

(2.) Petitioner was appointed by EAN-INDIA vide its letter dated 13th July, 1997 as Accounts Officer which was later redesignated as Office Manager. He was to be on probation for a period of one year. Clause 2 relating to probation is reproduced below:-

(3.) By letter dated 26th August, 1998 the probation period was further extended by another year. During this probation period services of the petitioner were terminated by letter dated 30th November, 1998 and it was stated in this letter that one month's pay in lieu of notice period shall be paid to him shortly. The petitioner, in the writ petition, challenged the impugned order on the ground that it is not termination simplicitor due to unsatisfactory performance of the petitioner but motivated action with malafide intention of the respondent and particularly of Shri Ravi Mathur, Chief Executive Officer in EAN-INDIA. According to him, the termination is punitive in nature and he has made the prayer that respondents be directed to reinstate him in service from 30th November, 1998 with full back wages.