RAJAT KANTI NAG Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. Z. Hussain, learned counsel for the petitioner as well as Mrs. R. Borah, learned counsel representing the respondents. The petitioner who was appointed as Office Superintendent in Sainik School at Goalpara on 12.01.2009 pursuant to a selection, is aggrieved by Annexure-G order dated 24.08.2009 by which his such service has been terminated in reference to the provision of rule 7.08 and 7.09 of the Sainik Schools Society Rules and Regulations, 1997. The letter was issued under the head "Termination of Service". According to the petitioner, on rejoining his duty on 12.08.2009 after availing two days leave he was served with a notice cancelling his leave by the Headmaster of the school alleging irresponsibility on his part in availing leave. Being aggrieved by the said cancellation order, the petitioner approached the Registrar, but the Registrar instead of listening him, asked him to go out of the room in a very rude manner. On the same date, the petitioner was informed that a court of enquiry has been constituted to investigate the case relating to indiscipline conduct of the petitioner with the Registrar. After the aforesaid developments, the petitioner was served with the impugned order dated 24.08.2009 terminating his service. For a ready reference, the relevant portion of the order is quoted below:

(2.) According to the petitioner, although he was on probation, his service could not have been terminated attributing misconduct. It is the further case of the petitioner that whole basis of the foundation towards termination of his service being the alleged misconduct on his part, the respondents without holding any enquiry as prescribed under Rules could not have terminated his service and that too, falling back on Rule 7.08 and 7.09 of the Aforesaid Rules and Regulations, 1997.

(3.) The respondents have filed their counter affidavit justifying their action in terminating the service of the petitioner. It has been stated that the petitioner after his joining the post, frequently went on leave and on several occasions he was found violating the School's norms. Referring to the particular incident of 12.08.2009, it is the stand of the respondents that the petitioner misbehaved with the Registrar with threatening language. It has further been stated that a court of enquiry was ordered to investigate the matter and the said enquiry found the petitioner guilty of violation of school's order and discipline. Accordingly his service was terminated by the impugned order dated 24.08.2009.