RAVINDER KAUSHIK Vs. UNION OF INDIA AND ANR.

JUDGEMENT

(1.) The present petition has been filed by the petitioner, who was working on the post of a Driver with the ECHS Polyclinic, Base Hospital, Delhi Cantt., for declaring the order dated 03.11.2016, terminating his services, as void ab-initio and treating him as in continuous service with retrospective effect alongwith all consequential benefits.

(2.) The undisputed facts of the present case are that the petitioner, an ex- serviceman, was issued an appointment letter offering him appointment on the post of a Driver at the ECHS Polyclinic, Base Hospital, Delhi Cantt. on a contractual basis for a period of twelve months w.e.f. 01.04.2016 to 31.03.2017, with the consolidated salary of Rs.15,500/- per month. On his accepting the letter of appointment, a Service Agreement dated 04.04.2016 was executed between the petitioner and the respondent No.2/ECHS Polyclinic through Office Incharge.

(3.) In less than six months from the date of his appointment, the Station Headquarters received a complaint against the petitioner, which was forwarded to the respondent No.2 for a feedback (Annexure P-2 and P-3). Under cover of letter dated 17.09.2016, a copy of the aforesaid complaint was forwarded by the respondent No.2 to the petitioner and he was called upon to furnish his reply by 19.09.2016. The petitioner furnished a reply vide letter dated 20.09.2016, denying all the allegations levelled against him in the said complaint. Not satisfied with his reply, a notice to show cause was issued to the petitioner on 23.09.2016, to which he had submitted a reply on 23.10.2016. In the meantime, further acts indiscipline were committed by the petitioner, as were pointed out by the respondent No.2 in his letter dated 08.10.2016 and the notices to show cause dated 14.10.2016 and 28.10.2016. The petitioner was directed to furnish his reply, which he did. The respondents thereafter issued the impugned order dated 03.11.2016, terminating the services of the petitioner w.e.f. 05.11.2016, by invoking para 11(b) of the Service Agreement governing the parties.