UNION OF INDIA Vs. K S DEVASAHAYAM

JUDGEMENT

(1.) This writ petition is directed against the order of the Central Administrative Tribunal, Hyderabad Bench, (the CAT) in O.A. No. 289 of 1999 dated 14-10-1999 allowing the original application filed by the respondent herein and setting aside the proceedings of the third petitioner in C.R. No. 39/Estt/98, dated 1-2-1999, terminating the services of the respondent, with effect from 1-2-1999 and permitting him to appear for the departmental examination, to be conducted in future.

(2.) The respondent was selected and appointed as Inspector of Income Tax by proceedings dated 22-5-1990 of the Director of Income-tax (Inv.), Hyderabad. The appointment order reads:

(3.) As per condition (vi) of the appointment order, the respondent was placed on probation for a period of two years. The respondent as stipulated in condition No. (xi) did not pass the departmental examination for Inspector of Income Tax within a period of two years. Despite this fact, the department declared the respondents probation by its proceedings dated 9-9-1992. When the matter stood thus, the services of the respondent were terminated by proceedings dated 1-2-1999 obviously invoking the power reserved to the department under condition (vi) of the appointment order. The respondent being aggrieved by the said action of the department instituted O.A. No. 289 of 1999 before the CAT. The learned Tribunal has opined that when the termination order was passed on 1-2-1999, the respondent was not a temporary government servant and having declared his probation earlier, in the fact situation of the case, the services of the respondent ought not to have been terminated without notice to him and without giving fair opportunity of being heard. In that view of the matter, the learned Tribunal has set aside the termination order dated 1-2-1999. The operative portion of the impugned order reads thus :