Shivaraj V. Patil, J. - (1.) The appellant in this appeal, has assailed the validity and correctness of the order passed by the Division Bench of the High Court affirming the order of the learned single Judge passed in original writ petition uphold the order of termination of his services. The appellant was appointed by the respondent-Corporation on 7-10-1994 as Junior Manager (Quality Control) subject to certain terms and conditions. The relevant condition for the purpose of this case reads :"You will be on probation for a period of two years within a continuous service of three years. You will be absorbed in the regular service of this corporation only on satisfactory completion of the period of probation. If your performance during the period of probation is found unsatisfactory, the Corporation reserves the full right to terminate your service without any prior notice."
(2.) It was his duty to inspect all the commodities received by the Corporation at the depots and to verify the quality of goods in conformity with the specification given by the Head Office. On complaints received as to the quality of red chillies accepted by him and sent for distribution, a show-cause notice dated 25-11-1995 was issued to him. He submitted his explanation requesting to drop further proceedings and giving assurance that in future, utmost care would be taken while accepting the commodities. In that view, further proceedings were dropped. Again on a similar report as to failure of his duty, a show-cause notice dated 12-12-1996 was issued, which is extracted below :- "No. E5-17135/96 Dated 12th December, 1996 SHOW CAUSE NOTICE Ref : 1. LR. No. D10-10427/90(1), dated 7-10-1994 of M.D. KSCSC. 2. Inspection Report of Manager (QC) No. Q/c. 3/96. You are directed to show cause within 7 days of receipt of this notice why your service should not be terminated on the following grounds : 1. That you Sri. Mathew P. Thomas, Junior Manager (QC) Kozhikode Region inspected the Consignment of 220 bags Bengalgone (Small) on 24-10-1996 delivered in truck No. KL13 A-3409 supplied by M/s. "Suresh Trading Kochi received at the District Depot, Kannur on 23-10-1996 and certified the analysis report that the consignment is within specification and as per sample and recommended for acceptance even though the stock was found not in conformity with the samples supplied from Head Office and the actual refraction was not within the rejection limit as found on a super check conducted" by Manager (QC). 2. That you have recommended for acceptance of the stock of Greengram for which GRS was issued vide No. 166/7, dated 18-10-1996 which was not in conformity with the tender samples and the actual refraction was not within rejection limit which is revealed on a check conducted by Manager (QC). 3. That you have accepted the following consignments which were kept at District Depot, Kannur even though they were found not acceptable in the analysis conducted by Manager (QC) on 19-11-1996. (a) Toordhal - supplied by M/s. Sagar Enterprises. (b) Bengal gram (small) by Suresh Trading. (c) Toordal - supplied by M/s. Swastic Sales Agencies. 4. That you have colluded with the suppliers for undue pecuniary benefits. 5. That you have betrayed the confidence reposed on you as responsible officer of the Corporation. Your action described above amounts to grave misconduct, gross negligence, dereliction of duty, disobedience of orders, clear violation of standing instructions detrimental to the interest of this Corporation which tantamounts to unsatisfactory performance on your part. If nothing is received within the stipulated time, action will be proceeded with on the presumption that you have no defence in this case and your services will be terminated as laid down in Clause 2 of the reference first cited. Sd/- Managing Director To : Shri Mathew P. Thomas Junior Manager (QC) (Through Manager (QC), for service and return."
(3.) The appellant gave explanation to the said show-cause notice. The respondents found the explanation unsatisfactory. Consequently, his services were terminated by the proceedings dated 16-1-1996 which read:- "No. E5-17135/956, dated 16th January, 1997 PROCEEDINGS Sub : Kerala State Civil Supplies Corporation - Establishment-Termination of Service - Mathew P. Thomas (Shri) - Junior Manager (QC) termination of service - Orders issued. Ref : Letter No. D10-10427/90(1), dated 7-10-1994 of the Managing Director, Kerala State Civil Supplies Corporation. 1. Show Cause Notice No. E5-17135/96, dated 12-12-1996 2. Explanation dated 26-12-1996 of Shri Mathew P. Thomas. Shri Mathew P. Thomas, was appointed as Junior Manager (QC) in the Corporation vide letter first cited above and joined duty on 1-2-1995. In the order of appointment, it had been stated that "You will be on probation for a period of two years within a continuous service of three years. You will be absorbed in the regular service of this Corporation only on satisfactory completion of the period of probation. If your performance during the period of probation is found unsatisfactory, the Corporation reserves the full right to terminate your service without any prior notice." Notice was issued to him vide the reference second cited to show cause as to why his services should not be terminated for wrongfully recommending acceptance of inferior stock. He has sought extension of the period given to him for submitting his statement of defence and this was granted. He has accordingly submitted his explanation on 26-12-1996. This has been considered in detail. The explanation has been found unsatisfactory. This officer has wrongfully recommended acceptance of bad stock not once and several times. As such the undersigned holds that his services have been unsatisfactory. Accordingly the services of Shri Mathew P. Thomas, Junior Manager (QC) are hereby terminated with effect from today (16-1-1997). Sd/- Managing Director To : Shri Mathew P. Thomas Junior Manager (QC) (Through Manager (QC), for service and return." ;