SONU KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) A judgment and order dtd. 19/2/2021 passed by a Division Bench of the Central Administrative Tribunal, Patna Bench, Patna, in OA/050/00836/2018 is under challenge in the present writ application, whereby the termination of the petitioner's service by the respondents has been upheld and the petitioner's application under Sec. 19 of the Administrative Tribunals Act, 1985, has been dismissed.

(2.) The relevant facts, which are not in dispute, are short. The petitioner was appointed as a temporary Cadet Orderly against the reserved vacancy of Other Backward Class in Officers Training Academy (OTA) at Gaya. The said appointment letter dtd. 8/1/2014 has been brought on record by way of Annexure-1 to the writ application. Clause 3(a) and 3(b) of the said offer of appointment are relevant for the present adjudication and are, therefore, being reproduced hereinbelow: -

(3.) There is an assessment report brought on record by way of annexure to the counter affidavit filed on behalf of the Union of India dtd. 27/11/2015 for the period 25/2/2014 to 31/3/2015, from which it appears that the petitioner was reported unfit for retention in service. There is another assessment report on record for the period 1/4/2015 to 31/3/2016, wherein the petitioner was found fit for retention. The fact, however, remains that no order was passed confirming the petitioner's service on successful completion of the period of probation. The petitioner, however, continued in service. There is a third assessment report available on record for the period 1/4/2016 to 31/3/2017, which was brought on record by way of Annexure-R/5 to the written statement filed on behalf of the Union of India before the Tribunal which discloses that the petitioner was found unfit for retention.