DASARATH LAL SHARMA Vs. UNION OF INDIA (UOI)

JUDGEMENT

(1.) This Rule is directed against an order dated December 15, 1972, by which the Petitioner's services as Deputy Coal Superintendent in the office of the Coal Controller, Calcutta, was terminated in pursuance of the proviso to sub -rule (1) of Rule 5 of the Central Civil Services (Temporary Services) Rules, 1965. The facts of the case disclosed by the petition may be briefly indicated.

(2.) On being selected by the Union Public Service Commission, the President, by an order dated August 27, 1960, was pleased to appoint the Petitioner to officiate as Deputy Coal Superintendent in the Coal Controller's office with effect from August 11, 1960, until further orders. The said post, at the time when the Petitioner was appointed, was a temporary post which was subsequently converted into a permanent post. The Petitioner was appointed on probation.

(3.) By a memorandum dated September 21, 1904, issued by the Jt. Secretary, Government of India, Department of Mines and Metals, the Petitioner was informed that it was proposed to hold an enquiry against him under Rule 15 of the Central Civil Services (Classification, Control and Appeal) Rules, 1957, into certain charges framed against him, the charges being that the Petitioner while functioning as Deputy Coal Superintendent, Ranigunj Division, engaged himself in private trade during the period between May 1962 and June 1963 in the name of his wife Sm. Puspa Rani Sharma as a partner of M/s Akashbani at Chirkunda, dealers in radio sets and that as proprietor of M/s Puspa Investment Corporation, he invested money to the extent of Rs. 65,200 without previous sanction of his departmental authority and thereby contravened Rule 12 of the Central Civil Services (Conduct) Rules, 1955.