Rakesh Sharma, J. - (1.) Heard Sri Ritu Raj Awasthi learned Counsel for the petitioner and Sri D.K. Upadhyaya learned Counsel for the opposite parties No. 1 and 2.
(2.) The petitioner has assailed the order of dismissal passed against the petitioner on 12.12.1989 by the Administrative Officer of U.P. Export Corporation Limited, Lucknow.
(3.) Learned Counsel for the petitioner submits that at the relevant time, the petitioner was working as Centre Incharge; Carpet Weaving Training Scheme under the Regional Officer of U.P. Export Corporation at Agra. The petitioner was assigned to impart training to the trainees in carpet weaving on 2.5.1988. He was attached to the Regional Office of the above said Corporation at Agra. The petitioner was relieved on 24.11.1988 from the Regional Office and was directed to go to his new place of posting. According to the petitioner, he was not informed about the place of posting where he was required to join. However, the petitioner was later on provided a copy of his posting order issued on 19.8.1988, directing the petitioner to join at Achchncra Kerawali, Agra. Petitioner went to join at Achchnera but there was no Carpet Weaving Centre where he could have assumed charge. The petitioner reported back to the Regional Office at Agra on 10.12.1988 and sought further directions from the authorities available at Agra and from the Corporation's Headquarter at Lucknow. After a long time the petitioner was informed that he was required to join at Agwara in Agra. Since the petitioner had already joined at Regional Office at Agra, he was to be formally relieved from the said office to join at Agwara. The fresh relieving was necessary as the petitioner's salary was to be drawn for the period of November and December, 1988 from the Regional Office of the Corporation. Neither the Corporation issued a fresh relieving order nor the salary was paid to the petitioner. The petitioner continued to join his duty at Regional Headquarter, Agra. The petitione was neither allowed to work at Regional Headquarter nor he was given any relieving order to join at Agwara. The petitioner under these compelling circumstances could not join at Agwara. The opposite parties placed the petitioner under suspension on 20.2.1989 illegally and mala fidely when the petitioner was on medical leave.;