KOMPELLA VENKATA SATYA SUBBARAYA SASTRY Vs. EXECUTIVE OFFICER

JUDGEMENT

(1.) THE unsuccessful petitioner in W.P.No.22853 of 2004 is the appellant.

(2.) THE facts in brief are that, the appellant was appointed as a Project Officer, in Vedic Institution established and run by Tirumala Tirupathi Devasthanam (for short the Devasthanam), on 30.09.2002. He was placed on probation for a period of two years. On 25.09.2004, the Devasthanam issued proceedings to the appellant, requiring him to work in an institution at Secunderabad. This was on the basis of a resolution passed by the Trust Board of the Devasthanam. The appellant did not join, at that place. That was taken note of, and a notice, dated 27.10.2004, was issued, requiring him to report to duty within one week. It was also mentioned that if he fails to report to duty within that time, he would be discharged from service. The appellant, however, did not join the duty. After receiving confirmation from the Principal of the Institution, the Devasthanam issued proceedings, dated 18.11.2004, removing the appellant from service with immediate effect. The writ petition was filed challenging the proceedings, dated 25.09.2004.

(3.) THE Devasthanam filed a counter -affidavit, narrating the circumstances that led to the removal of the appellant from service. It was stated that though his conduct was found to be unsatisfactory, it was decided to give him a chance, but the same was not availed by the appellant. According to them, the appellant was very much a probationer by the time he was removed from service and the basis for removal was his failure and refusal to join the duty, at a place to which he was transferred.