UTTAM MANDAL Vs. STATE OF TRIPURA & OTHERS

JUDGEMENT

(1.) The petitioner by this writ petition has prayed for a writ under Art. 226 of the Constitution of India to declare that the order of the Government of Tripura dated 9.3.1992 (Annexure 3) terminating his services was illegal and to pass such order as may be deemed proper.

(2.) The facts giving rise to this present writ petition may be stated briefly as under:-

(3.) The petitioner who belongs to Schedule Caste Community was appointed as Child Development Project Officer (Annexure R1) and he joined the service on 3.9.1990. But it has been alleged that although he joined on 3.9.90 he was shown to have joined on 25.9.90 and thus in the seniority list he was not shown against his due post. On 18.12.91, he applied for higher post as he being a member of the Schedule Caste, was entitled to get certain benefits. He also sought permission to sit for some competitive examination but his application was not forwarded. On the other hand, on 3.1.92 the petitioner received a Memo under No. F.18 (378) DSWE/90, dated 1.1.92 (Annexure 1) wherein it was alleged that he, (1) was regularly irregular in performing his official duties; (2) did not respond to the Memo No. F. 18(378)-DSWE/90, dated 1.7.91 whereby he was asked to account for his unauthorised absence on 19.6.91; (3) did not call any Block Level Co-ordination Committee Meeting after 19.3.91 as Convenor for implementation of ICDS Scheme; (4) did not perform his duties properly as assigned in the manual of ICDS Scheme, and (5) he failed to maintain absolute integrity and devotion to duties. By this Memo the petitioner was asked to show cause within 7 days as to why his services should not be terminated under Rule 5(1) of the Central Services (Temporary) Rules, 1965.