YOGESH SHARMA Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) The writ petitioner was appointed pursuant to the letter offering appointment dated 5th July, 1995 as a Driver on temporary basis. It was indicated in the letter offering appointment that the service could be terminated without assigning any reason. It was also indicated in the letter offering appointment that for period of two years the writ petitioner would be on probation. Concededly, the department treated the writ petitioner to be appointed against a temporary post and on probation for a period of two years. Exercising power under Subrule (1) of Rule 5 of the CCS (Temporary Service) Rules, 1965 his services were terminated on 4th September, 1997, but he was reinstated in service. He was kept on probation. On 6th February, 1998 a charge sheet was issued. The writ petitioner claims that he lost his mental balance and he could not defend himself before the enquiry officer.

(2.) On 21st April, 1998 his services were terminated once again under Sub-rule (1) of Rule 5 of CCS (Temporary Service) Rules, 1965. The order in question reads as under:-

(3.) The charge-sheet which was issued to the writ petitioner alleged that while working as a Driver in the office of the Narcotics Commissioner on 15.1.1998 at 5.30 PM he used un-parliamentary language and tried to molest two lady labourers who were engaged in the construction of Government residential quarters. When husband of one of the lady: Ram Swaroop, intervened the petitioner hit him with a bottle. When one Vijay intervened the petitioner threw water on him and hit him with the bucket. The second charge was that on 4.2.1998 at 6.00 PM the petitioner was found in a drunken condition in the guard room.