MD. KHUSHBUDDIN ANSARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In the instant writ application, the petitioner has inter alia prayed for quashing the impugned order as contained in letter No.JHALSA/4056 dated 11.03.2008, pertaining to termination of his services from the post of Driver under JHALSA, issued by the Member Secretary, Jharkhand State Legal Services Authority, Ranchi during the period of probation on the ground of unsatisfactory service, and the petitioner has further prayed for commanding upon the respondents to produce the relevant records relating to termination of the petitioner and for a direction upon the respondents to reinstate the petitioner in service to the post of Driver with all consequential benefits.

(2.) The brief facts, as emanated in the writ application, is that the petitioner applied for the post of Driver under JHALSA, Ranchi in pursuance to advertisement published on 25.03.2007 in Hindi Daily News Paper under the signature of Member Secretary, JHALSA, Ranchi. Since the petitioner fulfilled all the terms and conditions and was found suitable for the post, he was duly appointed on the permanent post of Driver for a period of probation of two years vide letter dated 29.05.2007 wherein it has been stipulated that the services of the petitioner would be confirmed after satisfactory completion of probation period and the service conditions of the petitioner will be governed by the Rules governing Civil Courts Staff (Class-III and Class-IV) Rules. Accordingly, the petitioner submitted his joining on 01.06.2007. It has been averred in the writ application that the then Member Secretary, JHALSA, Ranchi terminated the services of the petitioner by a letter of termination simpliciter at the time when the then Member Secretary, JHALSA was already under order of transfer to the post of Presiding Officer, Labour Court, Hazaribagh. Being aggrieved by the order of termination simpliciter, the petitioner approached the respondents for consideration of his matter on sympathetic ground but the authorities did not take action on his representations.

(3.) In the supplementary affidavit dated 08.02010, it has been averred that the petitioner filed appeal before the appellate authority JHALSA vide application dated 11.01.2010 and the appellate authority JHALSA in reply vide letter dated 04.02.2010 provided two warning letters dated 29.10.2007 and 06.02.2008 issued under the signature of Joint Secretary, JHALSA Ranchi, in which serious allegations relating to dereliction of duty has been levelled against the petitioner. The petitioner further states that two aforesaid warning letters were never served upon the petitioner.