BIJAY KUMAR NAYAK Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ petition has been filed against the impugned order dated 5.3.1998 passed by the Central Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No.48 of 1996 dismissing the said OA filed by the petitioner.

(2.) THE brief facts of the case are that due to the retirement of one Rama Chandra Tripathy on 31.5.1994, the post of Extra Departmental Mail Carrier at Byree Sub -Post Office, which was held by him, fell vacant. For filling up the said post, recruitment process was started and names were sponsored by the Employment Exchange for that purpose. The name of the petitioner along with three other names was sponsored, who made application for the said post.

(3.) A plea was taken on behalf of the opposite parties that the termination order was passed in accordance with Rule -6 of the E.D. Agents (Service and Conduct) Rules, 1964 according to which the services of an employee, who has not already rendered more than three years continuous service from the date of his appointment, shall be liable to termination by the appointing authority at any time without notice. It was further pleaded on behalf of the opposite parties that a complaint was filed by the Service Union alleging irregularity and malpractices in the selection. The matter was reviewed and thereafter, it was noticed that the selection made by the S.D.I.P. was irregular and not fair and while making selection out of the candidates applied for, the S.D.I.P. ignored the instruction/guidelines issued in connection with the selection of ED Agents.