SANJOY DEB BARMA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) I have heard Mr. K. N. Bhattacharjee, learned Senior counsel, for the petitioner and Mr. A. Ghosh, learned Government Advocate, appearing on behalf of the respondents.

(2.) By an order, dated 4.8.1990, issued by the respondent No. 2, namely, Chief Engineer, IFC & PHE Wing of the Public Works Department, Agartala, as many as 101 persons were temporarily appointed in the post of Junior Operator (Pump) under the Irrigation, Flood Control & Public Health Engineering Wingh of Public Works Department, Tripura, for a period of one year with effect from the date of joining. The name of one Sanjoy Deb Barma, son of Hira Lal Deb Barma, Village and Post Office Kalkalia, Tripura, appeared at SI. No. 76 of said order of appointment. Following this order of appointment, the petitioner herein joined the post of Junior Operator (Purnp) under the Executive Engineer, Public Health Engineering Division No. III, Udaipur, South Tripura. While the petitioner was serving in the post of Junior Operator (Pump), an order was issued, on 15.12.1995, by the respondent No. 3, terminating the petitioner's appointment in exercise of powers under proviso to Sub Rule (1) of Rule 5 of the Central Civil Services (Temporary Service) Rules, 1965 (hereinafter referred to as 'the said Rules'). The petitioner has challenged the legality and correctness of the order, dated 15.12.1995, aforementioned on the ground, inter alia, that the impugned order, dated 15.12.1995, is not an order simpliciter of termination of his appointment, for, this order is based on unfounded accusation that the petitioner is not the person in whose favour the order of appointment, dated 4.8.1990, aforementioned was actually issued.

(3.) Resisting the writ petition, the respondents have submitted to the effect, inter alia, that an inquiry was made by the respondents/authorities concerned into a complaint received by the respondents/ authorities concerned that the present petitioner had joined the post of Junior Operator (Pump), though he is not Sanjoy Deb Barma, son of Hira Lal Deb Barma, Village and Post Office Kalkalia, in whose favour the order of appointment, dated 4.8.1990, was actually issued and on finding substance in the complaint, so received, the respondents/authorities concerned had no option, but to terminate the appointment of the petitioner. It is also the case of the respondents that the person, in whose favour the order of appointment was actually issued, never made use of the said appointment and never joined the post of Junior Operator (Pump) under the respondent No. 3.