SH. SATISH JOSHI Vs. UNION OF INDIA

JUDGEMENT

(1.) By this writ petition under Art. 226 of the Constitution of India, petitioner seeks the relief of quashing of the order dated 6.5.2015 whereby the petitioner's contractual services with the respondent no. 2/The Central Medical Service Society were terminated on the ground of unsatisfactory service/performance.

(2.) Petitioner was appointed with the respondent no. 2 to the post of General Manager (Finance and Administration) in terms of the letter dated 19.7.2013. This appointment was in terms of the recruitment rules for the post in question and which recruitment rules provided for the appointment being for a period not exceeding five years. As per the relevant recruitment rule review was to take place of performance after an year for extension of the period of appointment with the condition that the services can be terminated by serving of two months notice in case of unsatisfactory performance.

(3.) Petitioner was issued a show-cause notice dated 20.4.2015 asking the petitioner to show cause as to why petitioner's services should not be terminated on account of unsatisfactory performance. The show-cause notice dated 20.4.2015 also referred to the fact that in the earlier Governing Body Meeting of the respondent no. 2 held on 8.8.2014 the performance of the petitioner was discussed and it was decided to watch the performance and review the same after a period of six months.