RIYAZUL RAHMAN Vs. CANTONMENT BOARD, VARANASI AND OTHERS

JUDGEMENT

(1.) THE prayer of the petitioner is to quash the decision taken by the Cantonment Board of Varanasi in its meeting held on 30th October/1st November, 1985, terminating his service after holding his reply to the show cause notice to be not satisfactory, as contained in letter No. E -9/51/SI Can/Office of the Cantonment Board, Varanasi dated 6.11.1985 (copy appended as Annexure -11).

(2.) SHRI S.D. Dube, learned counsel appearing on behalf of respondents No. 1 to 3, on the other hand contended as follows: (i) under Rule 5 -B(iii) of the Cantonment Fund Servants Rules, 1937 read with letter No. 24328/PC/SI/LC dated 16.6.1979 of the Director, DL and O, Central Command the petitioner ought to have a I.S.F. Degree and other requisite qualifications mentioned in the show cause notice, which he did not possess and accordingly his services were validly terminated.

(3.) FROM perusal of the letter Annexure -7 I find that the petitioner had not furnished his reply to the show cause rather he has prayed for grant of an opportunity to enable him to have copies of the documents to understand the case in its true perspective. Thus rejection of his request, treating it to be his reply to the show cause, was manifestly illegal.