BHIMSEN MAHANTO Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is an application by a former Extra Departmental Delivery Agent for the annulment of the order issued by the Superintendent of Post Offices of Keonjhar Division, Keonjhargarh, removing him from service as communicated to him by letter dated 6 3. 1930 (Annexure -3) issued by the Inspector of Post Offices, Keonjhar South Subdivision.

(2.) PURSUANT to an advertisement dated 15. 10. 1979 inviting applications for appointment of Extra Departmental Delivery Agents at Khuntapingu Branch Post Office under the Keonjhar Postal Services, the petitioner, opposite party No. 4 and others were the applicants. By Annexure -2 dated 28.10. 1976, the Inspector of Post Offices informed the petitioner that he had been provisionally selected and might be appointed observing usual formalities and his appointment papers should be collected and sent to his office with his original school -leaving certificate. The petitioner has alleged that he was appointed on a remuneration of Rs. 100/ -per month and got his appointment letter on 30. 10. 1979 and joined service Four months later, he received the impugned order dated 6. 3 1980 informing him that the Superintendent of Post Offices, Keonjhar Division, Keonjhargarh, had removed him from service and had appointed one Satrughna Mohanto (opposite party No 4) in his place. His representation was rejected under Annexure -4 dated 11.4.1980 on the ground that he was not eligible for the post. Thereafter, he made representation to the superior authorities. The petitioner has impugned the order of removal from service as mala fides in law and violative of principles of natural justice.

(3.) IN the rejoinder filed by the petitioner, it is emphatically stated that he submitted an attested copy of the school leaving certificate along with his application and the original was handed over to the departmental Overseer. The allegation that the petitioner bribed the appointing authority is refuted.