Decided on February 11,2021

Sujit Saha Appellant


Akil Kureshi,J. - (1.) Petitioner has challenged an order dated 12.03.2020 by which after giving one month's notice, his service as a Casual Worker was terminated in exercise of powers under Rule 5(1) of CCS (Temporary Service) Rules, 1965.
(2.) Briefly stated the facts are that the petitioner was initially engaged as a substitute worker in the year 1995. He would be summoned for work whenever a regular employee was on leave. He would be paid wages only for the days he would get actual work. In the year 2010 along with several other persons, under a Memorandum dated 30.03.2010, the petitioner was granted the status of Casual Worker with effect from 01.01.2010. The petitioner continued to do the said work and was attached to AGMC and GBP hospital, Agartala. On 12.03.2020, the Director of Health Services issued impugned notice of termination in which he referred to one incident which had come to the notice of the administration where allegedly the petitioner had made demand and received money for arranging blood for the patients from the blood bank of the hospital. In that view of the matter, the petitioner was given one month's notice upon completion of which period his service would be terminated. The petitioner replied to the said notice under a letter dated 19.03.2020 and denied the allegations pointing out that he had no power to arrange for blood and that on a mere oral allegation his long standing service should not be terminated.
(3.) In response to notice issued, the respondents have appeared and filed a reply along with which they have produced a copy of an internal inquiry report dated 02.03.2020 submitted by Member Secretary of the Hospital in which he had stated that as per the demand of the petitioner, the relative of the patient had handed over Rs.1,300/- for blood to one Smt. Chabi Majumder and promised to pay further sum of Rs.700/.;

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