ANJAY KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition has been filed with the following prayers:-

(2.) The petitioner in the present petition is the Executive Director-cum-Secretary ('EDCS', for short) at the Carpet Export Promotion Council ('CEPC', for short and respondent No. 3 herein) and is seeking to quash and set aside the letter dated June 12, 2021 issued by the Development Commissioner (Handicrafts), Ministry of Textiles, Government of India (respondent No. 2 herein), and the letter dated June 23, 2021 by the respondent No.3 whereby the petitioner has been issued a Show Cause Notice and suspended from the post of EDCS.

(3.) The petitioner applied for the post of EDCS at respondent No. 3/CEPC following advertisements dated August 30, 2017, August 31, 2017 and September 03, 2017. Thereafter, the petitioner along with other candidates was shortlisted and called for interview on January 14, 2017 by the Selection Committee. After interview, the Selection Committee empanelled the petitioner at Serial No. 2 for further consideration. Vide letter dated November 21, 2017, the respondent No. 3 sought approval from respondent No. 2 with regard to engagement of the petitioner as EDCS on a probation of one year. Consequently, the respondent No. 2, vide letter dated November 27, 2017, conveyed to respondent No. 3 that it had been directed to communicate approval of the Competent Authority for engagement of the petitioner as EDCS in the respondent No. 3 on a probation of one year as per the Service and Recruitment Rules in pursuance of the powers conferred under Article 40(6) of the Article of Association ('AOA', for short) of the respondent No. 3. On November 28, 2017, the petitioner received a letter from the respondent No. 3 regarding his engagement as EDCS on probation for a period of one year in the 7th CPC Pay Matrix Level 12, i.e., Rs.78800.00 to Rs.2,09,200.00 plus allowances as admissible under the rules of respondent No. 3. Subsequently he was appointed to the said post of EDCS vide order December 01, 2017. The said order also entailed that during the probation period, the petitioner's work shall be assessed and that his services could be terminated at any time if his work and conduct was found unsatisfactory. Pursuant to this order of appointment, the petitioner joined his services on January 01, 2018.