J.K. Kaushik, Member (J) - (1.) SHRI Gobinda Prasad Mula, has assailed the order dated 31.8.2000 (Annex p. 3) by which his services came to be terminated and has prayed for its quashment.
(2.) This case was listed for hearing on admission stage. The pleadings are complete. We have hard the learned Counsel for both the parties and have carefully perused the records of this case. The respondents were directed to make available the records relating to initiation of disciplinary proceedings. But the learned Counsel for the respondents has expressed his inability to produce the same by stating that there was some mistake from his side, while the order dated 10.12.2003 was passed. The case of the applicant as may be succinctly put in, is that the applicant was initially appointed as Clerk-cum-Assistant Manager on 1.4.93 in the Unit Run Canteen (for brevity URC) in the office of 22 Wing Air Force Station, Silchar, Assam, Subsequently he was appointed to the post of Manager, with effect from 1.9.93 while holding the post of manager, he was served with a show cause notice alleging that he has failed to perform his duties in a satisfactory manner in as much as he has not made himself familiar with IAP 3503 despite being the manager of such fund. He has not maintained a policy folder upto date and certain other allegations were also levelled against him. He was required to show cause as to why appropriate action be not taken against him.
(3.) THE further facts of the case are that the applicant replied to the show cause notice on 9.3.2000. He denied the charges categorically and requested the authority concerned to consider the reply filed by him. THE applicant was informed by the order dated 31.8.2000, issued by the Senior Administrative Officer, that his services stand terminated with effect from the after noon of 31.8.2000. An amount of Rs. 6,030/- which is equivalent to three months' pay in lieu of the notice was enclosed with the notice of termination. He submitted a representation to the competent authority, to allow him to perform his duties as Manager. THEreafter he filed a case before the Assistant Labour Commissioner (Central) Silchar, to look into the matter. THE conciliation proceedings were drawn up. But the competent authority came to the conclusion that the applicant was not a workman under the provisions of Industrial Disputes Act, 1947 and it was not a fit case for adjudication.;