NARESH KUMAR SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioner for issuance of appropriate writ, order or direction in the nature of Certiorari quashing the impugned order dated 06.04.1998, passed by Youth Hostels Association of India (hereinafter referred to as respondent No. 2) whereby his services were terminated and for passing of any other or further orders in the circumstances of the case.

(2.) THE facts giving rise to the present writ petition are that the petitioner was appointed as Accounts Assistant with Respondent No. 2 on 25.04.1975 and was promoted to the post of Programme Assistant and then to the post of Programme Officer w.e.f. 01.04.1981. The petitioner was re -designated as Programme Executive and was appointed as Executive Secretary vide order dated 09.02.1989. On 22.01.1991, Respondent No. 3 -Sh. N.P. Sehgal was appointed as Assistant Secretary. The respondent No. 2 employed respondent No. 4 -Sh. S.L. Prajapathi as Director (Programme and Marketing) w.e.f. 01.02.1998. On 06.04.1998, the petitioner received one month's notice of termination under clause 9(2) of the Staff Service Rules, 1991 which reads as under:

(3.) FROM the writ petition and the counter affidavit, the first and the foremost question arises for consideration is whether the respondent No. 2 is a "State" to make the petitioner amenable to Article 226 of the Constitution of India and whether the Union of India (hereinafter referred to as respondent No. 1) is a necessary party.