MAHENDRA SINGH MEENA Vs. CENTRAL ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner. This writ petition has been filed to set aside the order passed by the Central Administrative Tribunal, Jaipur Bench, Jaipur (hereinafter referred to as `the Tribunal') dated 5. 12. 97 and to quash the order of termination dated 18. 11. 97 (Annex. 5) A further prayer to reinstate the petitioner in service with all consequential benefits of service and to declare rule 6 (b) of the Posts and Telegraphs Extra-Departmental Agents (Conduct and Service) Rules, 1964 (hereinafter referred to as `the Rules of 1964') as ultra vires and unconstitutional is also made.

(2.) IT is the case of the petitioner that pursuant to the communication dated 26. 12. 96, he submitted the required information in the prescribed proforma with supported documents and that after considering the same, the respondents have selected the petitioner for the post of Extra Departmental Mail Carrier (for short `e. D. M. C. ') Kithana EDBO and issued order dated 13. 1. 97 (Annex. 2) by which the respondent No. 5 directed the MOI Chirawa to hand over the charge of EDMC, Kithana. The petitioner after appointment on 14. 1. 97 also remitted amount towards surety as per the rules and as per the direction of respondent No. 5. While so, the respondent No. 5 terminated the services of the petitioner without any reason invoking the provisions of rule 6 (b) of the Rules of 1964 vide order dated 18. 11. 97 (Annex. 5) with immediate effect by remitting one month notice pay.

(3.) IN the instant case, learned counsel for the petitioner is not in a position to place before this Court any order of appointment issued as per Sec. III of the Rules of 1964. The petitioner has produced only one document (Annex. 2) to show that his appointment was approved for the post of EDMC Kithana and that the person in Chirawa Head Office was directed to hand over charge to the approved candidate namely, the petitioner and report to the officer concerned. Annex. 5 is the order of termination, which reads as follows:- " DEPARTMENT OF POSTS, INDIa OFFICE OF THE INSPECTOR OF POST OFFICES, CHIRAWa SUB DIVISION CHIRAWa Memo No. PF/edmc/kithana/97-98 dated at Chirawa/the 18. 11. 97 ORDEr IN pursuance of the provision to Rule 6 (b) and the note below rule 6 (b) of the P&t Extra Departmental Agents (Conduct & Service) Rules, 1964, I Bihari Lal SDI (P) Chirawa hereby terminate (forthwith) the services of Shri Mahendra Singh Meena EDMC Kithana and direct that he shall be entitled to claim a sum equivalent to the amount of his basic allowances plus dearness allowances for the period of notice at the same rates at which he was drawing them immediately before the termination of his services. The due amount of basis allowances is being remitted in lieu of the notice of one month. Station-Chirawa Date : 18. 11. 97 Sd/- INspector of Post Office Chirawa, Sub-Division. "