MUNENDRA KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The order dated 13/09/2000 passed by the Central Administrative Tribunal in OA 417/2000 whereby and whereunder the application filed by the petitioner was dismissed, is the subject matter of this writ petition. A review application filed there against by the petitioner herein was also dismissed. The basic fact of the matter is not in dispute. The petitioner was appointed as Lower Division Clerk on 23/05/1997. He was put on probation. His service was terminated during the period of probation on 29/04/1999. The contention of the petitioner before the learned Tribunal as also before us in short is that his services could not have been terminated as the order of termination having been passed by one D.K.Garg who was not his appointing authority but subordinate to it. The relevant terms and conditions of the offer of appointment are in the following terms:

(2.) The services of the petitioner had been terminated on 29/04/1999, inter alia, on the ground that the same was obtained without following the recruitment rules.

(3.) The respondents, in order to show that the order of termination had been passed by a competent authority has inter alia stated that the Director General, Research and Development by a notification dated 8/02/1972, delegated his powers to the Heads of the Departments of the Laboratories in the organization to impose penalties on non-industrial and industrial staff.