- (1.) These two appeals involving common questions of fact and law were taken up for hearing together and are being disposed of by this common judgment. Appellant is an autonomous body operating under the Department of Youth Affairs and Sports, Ministry of Human Resource Development, Government of India. It is a "State" within the meaning of Article 12 of the Constitution of India. Respondent herein was appointed as a Youth Co-ordinator in terms of an offer of appointment dated 28.9.1994; paragraph 5 whereof reads as under:- "5. You will be on probation for a period of one year from date of joining. Your probation period may be extended if considered necessary by the Sangathan. During the probation period, you will have the option of resigning, if you so desire, without any notice. Likewise, the Sangathan will be at liberty to terminate your services without any notice and without assigning any reasons whatsoever, during the probation period. Upon successful completion of this period you will be advised in writing of the fresh terms and conditions of your employment."
(2.) He allegedly withdrew some amount from the Government Fund (to which he was entitled to) and deposited it in his personal bank account. An enquiry in that behalf was conducted behind his back and on the basis of the result thereof, his probation was terminated, stating: "Services of Sh. Mehboob Alam Laskar S/o Late Latif Ahmed Laskar working as Youth Coordinator in NYK-North Tripura, are terminated forthwith. He shall handover the charge to Sh. Topan Nag, Youth Coordinator, NYK-Karimganj immediately after receipt of this order. Sh. Nag will hold the additional charge of the Kendra till further orders. Sd/- S.Y. Quraiahi Director General"
(3.) He filed a representation before the appropriate authority for reconsideration of his case. He also filed another representation/appeal seeking review of the order of termination dated 24.5.1995 on or about 20.2.1999. As the said representation was not being responded to within a reasonable time by the respondents, he filed a writ petition before the High Court which was marked as Writ Petition (C) No. 3136 of 1999. The said Writ Petition was disposed of by the High Court directing the appellant to consider his representation keeping in mind the decision of the High Court in the case of Ajay Gupta being Civil Rule No. 5582 of 1995 wherein an order of reinstatement had been passed.;