AWDHESH KUMAR SINGH Vs. PRINCIPAL

JUDGEMENT

(1.) HEARD Shri A.N. Bhargava for the petitioner. Shri A.D. Saunders appears for the respondents.

(2.) THE petitioner claiming to be an illiterate person and appointed as Gardener (Mali) in the Boys High School and College, 4 P.D. Tandon Road, Allahabad was suspended by the Manager of the school on 8.10.1998 on the ground of misconduct. He was served with show-cause notice on 19.11.1998. An enquiry officer was appointed on 12.7.2001. THE petitioner denied the charges on 26.11.1998 and alleged that his services were terminated on 28.3.1999 without holding any enquiry in which he could prove his innocence.

(3.) THE Tribunal quoted Clause-6 of the appointment and agreement (Ex. E-1) with termination Clause 6(c)(i)(2)(x), including sub-clause (iii) of disobedience, insubordination, misconduct or inefficiency and (viii) striking work or inciting others to stop work. In the show-cause notice reproduced in Para 10 of the award, the workman was informed that he was absent from duties on 11th and 12th September, 1998 without any reasons, sufficient notice, or sanction of leave and that instead of joining duties he was seen sharing the stage/dharna organised by some outsiders in front of the college gate. THE agitators had made false allegations and defamed the school saying that the school is actively involved in converting the Hindus to Christianity, knowing very well that such allegations were false and baseless. It was further stated in the notice in para 2 that the workman was the brain behind and main instigator, who misguided other servants of the college, used abusive and threatening language and forced them to join the strike organised by the agitating individuals from outside. He was called to Principal's office on 6th October, 1998 at 0900 hrs. to explain the reasons of absence. He was rude; spoke in abusive language and in loud voice and refused to obey orders.