PRAKASH Vs. H S GAUR VISHWAVIDYALAYA

JUDGEMENT

(1.) PETITIONER assails validity of the order dated 13-10-2000 ordering his dismissal from service for extremely bad performance and unsatisfactory work. In lieu of three month's notice, three month's salary was to be paid but the amount was ordered to be a adjusted against the dues against petitioner.

(2.) PETITIONER submits that he was appointed on 9-11-82 as sweeper in the pay scale of Rs. 125 150/ -. The appointment was made in accordance with para 5 of Statute No. 31. As per para 5 of Statute No. 31, in no case the total period of probation shall exceed three years and by the afflux of time, the petitioner acquired permanent status on 10-5-1985, The order of termination is stigmatic, violative of natural justice and was inflicted without affording opportunity of being heard. No enquiry was conducted.

(3.) THE respondent-University contends that petitioner was a habitual absentee and was in habit of mis-behaving with his seniors and ignoring their command and was most indisciplined and irregular employee. He was issued warning to improve his conduct. Notice was given in accordance with para 13 (a) of Statute No. 31. Removal is not illegal.