LAWS(GAU)-2016-1-24

PRASANTA KALITA Vs. GAUHATI HIGH COURT AND ORS.

Decided On January 29, 2016
PRASANTA KALITA Appellant
V/S
Gauhati High Court And Ors. Respondents

JUDGEMENT

(1.) The challenge in this writ petition is the Annexure-G order dated 2nd November, 2015, by which the services of the petitioner as Chauffeur has been dispensed with on the ground of not being found suitable. For a ready reference, the said order is reproduced below:-

(2.) The petitioner was appointed as Chauffeur (Barkandaz) in the Principal Seat of the Gauhati High Court vide Annexure-F order dated 19th March, 2015. His such appointment was pursuant to the Annexure-B advertisement dated 9th December, 2013 and the selection conducted pursuant thereto, which included driving test and interview. It appears that in the selection, the petitioner topped the list of successful candidates and accordingly his name appeared at serial No. 1 of the merit list (Annexure-E).

(3.) When the petitioner was continuing as Chauffeur in the Principal Seat of the Gauhati High Court, he was discharged from service by the above quoted order dated 2nd November, 2015. Apart from the ground of unsuitability (not found suitable), no other ground is assigned in the impugned order nor the petitioner was informed of anything regarding his unsuitability. It is an admitted position that before dispensing with the service of the petitioner by the impugned order dated 2nd November, 2015, he was not put to any kind of notice. It is in the above backdrop, the petitioner has filed the instant writ petition with the following grounds:-