INDIAN RAILWAY CONSTRUCTION COMPANY LIMITED Vs. AJAY KUMAR

JUDGEMENT

(1.) The Appellant preferred an appeal under Clause X of the Letters Patent directed against the judgement and order dated 9th July, 1993 passed by a learned Single Judge of this Court in Civil Writ Petition No. 389 of 1984. By the impugned judgement and order, the learned Single Judge quashed the order dated 7th December, 1983 dismissing the Respondent from service. The Respondent was also granted all consequential benefits.

(2.) The Respondent joined the services of the Appellant on probation as a Junior Engineer (Civil) on 29th June, 1981 and was posted under the Project Manager, Indian Railway Construction Co. Ltd., Anpara in the State of Uttar Pradesh. Apparently, his performance was not very satisfactory and, therefore, by an order dated 28th June, 1982 he was transferred to the Corporate Office in New Delhi and his probation period was also extended by six months.

(3.) According to the Appellant, the Respondent committed some irregularities for which his explanation was called for by a Memorandum dated 24th January, 1988. He was also alleged to have unauthorisedly marked his presence in the attendance register, tampered with some records and preferred false claims for conveyance charges. For these reasons, he was issued another Memorandum dated 7th June, 1983 calling for his explanation. In view of his conduct, the services of the Respondent were not confirmed and he continued to remain on probation.