KULDEEP SINGH CHOUDHRY Vs. STATE

JUDGEMENT

(1.) PETITIONER , on probation as Lecturer in Botany, was discharged from service vide GO No. 489/HE of 1994 dated 28 -10 -1994 in terms of Rule 20(b) and sub -rule 3 of Rule 33 of the Classification Control and Appeal Rules 1956. He has called in question this order and according to him, it had been passed by way of punishment and amounted to his removal from service attracting the provisions of Article 311 of the Indian Constitution and Section 126 of the State Constitution. Therefore, alt that falls for determination is whether the order is a simplicitor order of discharge or whether it is an order passed by way of punishment amounts to his removal from service. The order would naturally be vitiated if it is found that the motive behind passing it was to punish the petitioner and see him out of service.

(2.) PETITIONER was working as Senior Scientific Assistant in Regional Research Laboratory in Jammu. It appears that while working there, he responded to notification by the Public Service Commission inviting applications for the post of Lecturer in Botany. He went through the selection process and his name was recommended for appointment and he was eventually appointed by order No. 308 -HE of 1992 dated 23 -9 -1992 on "Regular temporary basis in the pay scale of Rs. 2200 -4000/ -", and was attached in Degree College, Rajouri against an available post. This order, however, carried the following stipulation: - "The appointee shall be on probation for a period of two years from the date of joining in the college."

(3.) PURSUANT thereto, the petitioner was relieved from the Regional Research Laboratory on 19 -10 -1992 and his lien there was Ordered to retain for two years. He joined against the post of Lecturer in Rajouri College on 20 -10 -1992 and his probationary period should have expired on 20 -10 -1994. However, he was ordered to be discharged eight days later by order dated 28 -10 -1994, on completing the period of probation on the ground that he was found unsuitable for the membership of the service of college department during the probation period.