ARJUN SINGH RAWAT Vs. DIRECTOR DON BOSCO ASHALAYAM

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed by the petitioner for issuance of writ of mandamus or any other appropriate writ against the respondent.

(2.) The petitioner had joined the services of the respondent Ashalayam on 6.1.2004 as in-charge of its night shelter and worked there till 4.11.2004. His services were terminated with effect from 5.11.2004 allegedly on the ground that he had misused his position, as instead of street children he permitted the outsiders to stay in Ashalayam by providing them lodging and boarding; that he mismanaged the accounts of the Ashalayam and further that his behavior towards his seniors and juniors was not good. A show cause notice was issued to him which was replied by him denying all the allegations. It is averred by the petitioner that at the time of joining of respondent he was assured that he will not be terminated and his services will be regularized and that his termination from service was malafide. The petitioner has claimed for regularization of his services and has sought reinstatement with full back-wages since 5.11.2004.

(3.) The respondent contested the petition mainly on two grounds. Firstly, the present petition was not maintainable since the respondent was a society registered under the Societies Registration Act, and not an instrumental agency of the government. In this regard, it is submitted that the respondent was running and managing its affairs on the contributions and donations received from the generous public and the organizations. Secondly, the petitioner was only engaged as a volunteer to implement the Asha Anubhav Project of the respondent for making the street children empowered through non-formal education. He was engaged for a limited period i.e. till 31.12.2004 and the Identity Card issued to him would clearly testify this fact. It was averred that petitioner was assigned to manage the night shelter near Old Delhi Railway Station, but he was not performing his duties properly despite various warnings and show cause notices. It was alleged that the petitioner also permitted some outsiders to reside in the night shelter without there being any permission in this regard. The petitioner worked till 5.11.2004 and was relieved of his duties. Since the project was to end in December 2004 and the terms of his engagement were to come to an end, he requested for issuance of an experience certificate so as to enable him to join some other organization and it was on his request that such a certificate was issued. It was reiterated that the petitioner left the engagement after taking the entire dues and the said experience certificate. On this premise, it is submitted that the petitioner had no right to reinstatement or regularization of his employment.