R K ANGOUSANA SINGH Vs. SAINIK SCHOOL SOCIETY

JUDGEMENT

(1.) This Writ Appeal directed against the judgment and order of the learned Single Judge dated 30/11/2004 passed in W.P.(C) No. 788 of 2004 involves a very short question of fact, which has been narrated in a short compass herein. The Sainik School, Imphal, Manipur is run through a Board of Governors of Sainik School Society, a Society registered under the Societies Registration Act, 1860, under the Ministry of Defence, Govt. of India. The Society has its own Rules and Regulations governing the organization and administration, terms and conditions of service, conduct rules, etc. of its employees. As per the Rules and Regulations of the Society, the Defence Minister, Govt. of India functions as the Chairman of the Board of Governors, the Chief Minister or the State Education Minister functions as the Member of the Board of the Governors. The appellant/writ petitioner was appointed as Nursing Assistant under an order of the Principal, Sainik School, Imphal, Manipur. The terms and conditions of the appointment order dated 30.10.2002 which would be pertinent for deciding the present writ appeal are quoted hereunder:

(2.) After completion of one year of his service, the probation period of the appellant/ writ petitioner was again extended for another period of one year by an order of the Principal, Sainik School, Imphal, Manipur dated 24/10/2003 which reads as follows :

(3.) Admittedly, without issuing any notice, the Principal, Sainik School, Imphal, Manipur issued the impugned termination order for terminating the service of the petitioner. For effective decision of this writ appeal, the impugned termination order is quoted hereunder in entirety: <FRM>JUDGEMENT_717_GAULT1_2006Html1.htm</FRM>