RAJBIR Vs. AGRICULTURAL PRODUCE MARKET COMMITTEE

JUDGEMENT

(1.) By this writ petition, petitioner prays for setting aside of the order dated 1.9.1997 terminating his services. Petitioner also claims reinstatement with all consequential benefits.

(2.) Petitioner claims that he was falsely got involved in criminal case as per FIR 143/1994 and he was ultimately acquitted on 9.12.1997 in terms of the judgment of the Additional Sessions Judge, Delhi and whereafter when he approached the respondents no.1and 2/employer for reinstatement in services, he was not allowed to join duties. It is alleged that petitioner's termination is illegal and therefore he claims that his termination order is to be set-aside and he should be reinstated in services.

(3.) Respondents no. 1 and 2 have asked for dismissal of the petition on the ground that petitioner remained absent for duty without any reason whatsoever from 29.9.1994 till 1997. Petitioner was asked to join duties by sending him a communication at his last known address and on failure of the petitioner to join, notices were published in the Hindi newspaper 'Navbharat Times' on 28.2.1997 asking him to join duties. A confirmation notice was also sent at the last known address of the petitioner but the same was received back from the postal authority with the remarks that no person in the name of Mr. Rajbir is living in the village and therefore the notice was returned. On not receiving the response from the petitioner, the services of the petitioner were terminated vide order dated 1.9.1997 which is said to be in compliance of Rule 19(2) of the CCS(CCA) Rules.