A. Chakrabarti, J. - (1.) This writ petition was filed for quashing the orders dated 26.10.1987 and 5.2.1988 at Annexure Nos. 1 and 2 respectively to the writ petition and for directing the Respondents to reinstate the Petitioner in service with all consequential benefits.
(2.) The case of the Petitioner, as made out, in the writ petition, is that he was selected by a selection committee and his name was included in the waiting list of Conductor in the panel formed in the year 1980. The appointment was given to the Petitioner in year 1985. The Petitioner discharged his duties thereafter regularly and by order dated 2(3.10.1987, the name of the Petitioner was removed from the waiting list without affording any opportunity to defend himself. The Petitioner was not given any duty in pursuance of the said order. The Petitioner claimed his right to continue in the post upon reinstatement as he has already discharged his duties for two hundred forty days and before passing the impugned order, there was no hearing to the Petitioner although Rule 26 of the relevant regulations provided for such opportunity. The appeal filed by the Petitioner was also rejected by order dated 5.2.1988. Both the orders suffer from irregularity as being not reasoned orders.
(3.) The Respondents contested the proceeding and filed counter-affidavit disclosing the relevant facts. The Petitioner filed his rejoinder-affidavit.;