MANABENDRANATH JENA Vs. CHAIRMAN-CUM-MANAGING DIRECTOR, INDUSTRIAL DEVELOPMENT CORPORATION OF ORISSA AND ORS.

JUDGEMENT

(1.) BY this application under Articles 226 and 227 of the Constitution of India, the Petitioner challenges the order of termination of his service dated 22.10.80 (Annexure 10) passed by the General Manager, M/s. Hira Cement Works, Cement Nagar, P.O. Bordol, District Sambalpur, opposite party No. 2.

(2.) THE Petitioner is a qualified Engineer. The details of his qualification and experience have been narrated in the writ petition. Pursuant to an advertisement in the daily Statesman, the Petitioner applied for the post of Mechanical Engineer in the Ferro -chrome Project under the Industrial Development Corporation or Orissa Limited, opposite party No. 4. After the interview, the Petitioner received the appointment letter dated 5.1.76 (Annexure 1) appointing him as Senior Mechanical Engineer for the Ferro -chrome Plant. He joined the post on 31.1.76 F.N. The letter of appointment (Annexure 1) reads as fallows:

(3.) MR . Palit, the learned Counsel for the Petitioner, draws our attention to the statements made in some paragraphs of the return filed on behalf or the opposite parties to show that the action of the authority in terminating the Petitioner's service was based on some allegation or misconduct on the part of the Petitioner, and though the order or termination appears to be innocuous, the statements made in the return go to show that behind the back or the order or termination there was motive for terminating the Petitioner's service on certain grounds about which he was never asked to explain nor was any charge sheet served 'on the Petitioner. The learned Counsel points out paragraph 11(i) of the counter affidavit where it has been mentioned that the Petitioner was found to be completely inefficient and a failure in respect or the assignments given to him. In paragraph 11(ii) it has been stated that as the Petitioner had no experience in the Cement Plant, he was attached to the Chief Engineer, Hira, Cement Works, as per Office Order dated 19 -5.1980 and was again entrusted with the job of studying drawings, designs and coal circuit or the Kiln Section, etc. as per Office Order dated 21 -5 -1980. The Chief Engineer, Hira Cement Works, wanted that the Petitioner should study and find out the job himself in order to test his ability and willingness to work, but he tried to get the work done by others through concerned sections of Him Cement Works and was lastly found to be completely incompetent. In paragraph 11(iii) it has been stated that apart from the above, the Petitioner was entrusted with different assignments like drawing and designs for the tile factory at Choudwar but he could not prove himself competent. Again, in paragraph 13(iii) it is stated that the opposite parties had already informed the Petitioner about the proposed termination from service for the aforesaid reasons of unsuitability, inefficiency and as per conditions of service under Annexure 1 to the writ petition.