ARVIND KUMAR Vs. KENDRIYA VIDYALAYA SANGTHAN

JUDGEMENT

(1.) This petition filed under Article 226 of the Constitution challenges order dated 27th August, 2009 (P-4) passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (for brevity, 'the Tribunal') in OA No. 653/FIP/2007, dismissing the Original Application filed by the petitioner. The petitioner has approached the Tribunal for setting aside termination orders dated 2nd October 2008 and 10th October, 2008 (A-1 and A-2), terminating his services from the post of Trained Graduate Teacher (Maths).

(2.) Brief facts of the case are that pursuant to an advertisement dated 30th September, 2006 selection process for filling up various posts of Trained Graduate Teachers (TGT), including 230 posts of TGT (Maths) was initiated by the respondents. The petitioner being eligible, having qualified the written test and interview, was issued an offer of appointment to join the Kendriya Vidyalaya Sangathan as TGT (Maths),--vide memorandum dated 14th September 2007 (A-7). As per condition No. 7 of the letter of appointment, a period of two years has been prescribed as probation period, which was to commence from the date of appointment. As per condition No. 8, the services of the petitioner could be terminated during probation period. On 28th September, 2007, he joined as TGT (Maths) at Kendriya Vidyalaya No. 2, Adampur. Before joining his duties, he submitted duly filled in Attestation Form regarding his character and antecedents on 20th/26th September, 2007. On 2nd October, 2008 (A-1), the Assistant Commissioner-respondent No. 2 passed an order terminating the services of the petitioner without assigning any reason. The said order was communicated to him,--vide another order dated 10th October, 2008 (A-2) passed by the Principal, K.V. No. 2, Adampur-respondent No. 3.

(3.) Feeling aggrieved, the petitioner challenged his termination orders dated 2nd October, 2008 and 10th October. 2008 before the Tribunal by filing OA No. 653/HP/2008 (P-1). In response to the notice issued by the Tribunal, the respondents filed their written statement and disclosed the reason for terminating the services of the petitioner. It was pointed out that the Attestation Form submitted by the petitioner was forwarded to the District Magistrate, District Kangra (H.P.) for varification,-- vide letter dated 18th February, 2008 (R-1). In the report sent by the quarter concerned it was stated that a criminal case FIR No. 147/2006, dated 12th July, 2006, under Section 341, 323 and 34 IPC, Police Station Dharamshala, was registered by the police against the petitioner which was still pending. On receipt of the said report the competent authority was satisfied that the petitioner has withheld the material information and accordingly reached to a conclusion that he was unfit for being an employee of KVS. His services were, thus, terminated in terms of condition No. 8 stipulated in the letter of appointment.