MANORANJAN KHATUA Vs. MAHANADI COAL FIELD LTD

JUDGEMENT

(1.) THE Petitioner Manoranjan Khatua has filed the present writ application seeking to challenge the order of termination of his service dated January 9, 1997 (Annexure 1) issued by the Deputy General Manager (M. P. andr)-O. P. No. 2 terminating his services as Laboratory technician.

(2.) MAHANADI Coal Field Ltd. , a subsidiary of Coal India Ltd. issued an advertisement for filling up the post of Laboratory Technician, and the Petitioner made the necessary application for being considered for the said post and also appeared at the written test held on june 25, 1994 conducted by Opposite Party no. l. Thereafter, a practical test and personal interview were held on September 30, 1994 and on being found suitable for appointment, opposite Party No. 2 vide his letter No. 424 dated April 13, 1995 (Annexure-5) was pleased to offer an appointment to the Petitioner in the post of Laboratory Technician (Trainee) on the terms and conditions contained in the said letter. It is further averred that pursuant to the said letter (Annexure-5) the Petitioner joined his duty as Laboratory Technician (trainee) at anand Vihar Dispensary, MCL Headquarters, burla on April 19, 1995.

(3.) THE Deputy General Manager (M. P. andr), Personnel Department, vide his letter No. 2123 dated September 11, 1996 intimated the Petitioner that on verification it was revealed that he had submitted a false certificate for securing appointment in the company and accordingly the Petitioner was issued with a show cause notice. In response to the said show cause notice, Petitioner submitted his explanation thereto vide a letter dated september 21, 1996 and his supplementary explanation dated September 27, 1996, denying the allegations levelled against him and stating therein that he was a student of the State institute of Medical Science and technology-cum-Hospital (in short SIMST), located at Bhubaneswar which was a private registered institution, registered with the government of Orissa and was offering the diploma in Medical Laboratory Technique under the Institute of Medical and technological Research (in short IMTR), calcutta. The Petitioner claims that he undertook the Diploma course in Medical laboratory Technique from SIMST, bhubaneswar as a regular student and having completed the diploma course was registered with the examining body, i. e. , Institute of medical and Technological Research (IMTR), calcutta and was issued with a registration certificate and admit card for appearing in the examination of Diploma in Medical Laboratory technique which was to commence from december 5, 1992 (Annexure-2); It is further averred that the Petitioner appeared in the said examination and having qualified was issued with the "certificate" by SIMST, Bhubaneswar and "diploma" dated February 25, 1993 issued by the IMTR, Calcutta vide Annexures-3 and 4 respectively. Thereafter the Petitioner was called for personal hearing on October 15,1996 and subsequent thereto was issued with the impugned letter of termination dated January 9, 1997. It may be noted here that although notices were issued to all the Oppositel Parties in the present writ application only the Opposite Party no. 1 Mahanadi Coalfields and Opposite Party no. 2 Deputy General Manager (M. P. andr), personnel Department have entered their appearance. But Opp. Party No. 3. Managing director, State Institute of Medical Science and technology-cum-Hospital and Opposite Party no. 4 Principal, Institute of Medical and technology and Research, Calcutta did not enter appearance, although notices were served on them through special messenger and service of the same has been earlier held to be sufficient.