VIJAI KUMAR KUSHWAHA Vs. UNIVERSITY OF ALLAHABAD

JUDGEMENT

(1.) The petitioner's services have been terminated on 29.1.1975 by the respondents. He appears to have filed a representation before the Chancellor against his order of termination which also was dismissed on 24.10.1983. The petitioner challenges these orders in this writ petition and prays for a writ of certiorari for this purpose.

(2.) The facts set out in the pleadings are that the petitioner was appointed as an Office Assistant in the pay-scale of Rs. 100-180 plus usual allowances on temporary basis in terms of Annexure 1 to the writ petition dated 11.1.1973. on 22.12.1973 he was appointed in the regular cadre in the aforesaid pay scale. On 5/6-3-1974 his appointment was approved as an Office Assistant with effect from 1.8.1973 on the same conditions on which he was appointed. On 14.8.1974 an explanation was sought from him as to why he had brought out the bundle of forms from the Almirah of his Superintendent, which had disappeared from the office. The disappearance of the bundle of forms is attributed to his negligence. He did not bring this fact to the notice of the Accounts Superintendent and he was asked to explain why he concealed this fact from the Accounts Superintendent. He is said to have filed an explanation, copy whereof is Annexure 5 to the writ petition. On 23.8.1974 he was placed under suspension pending enquiry and, thereafter, termination Order was issued on 29.1.1975.

(3.) Against the order of termination the petitioner appears to have filed a Civil Suit against the respondent-University. However, that suit was dismissed by the Civil Court as being not maintainable. The petitioner thereafter, filed a representation before the respondent No. 2, which was also dismissed. His supplementary representation was also dismissed by a detailed order by the respondent No. 2.