U. C. Srivastava, S. H. A. Raza, JJ. - (1.) The orders, dated 9-4-1987, and dated 18-6-87 terminating the services of the petitioner as a Member Secretary of the Board of Governors in exercise of Rule 5(26) is subject-matter of the challenge of this petition.
(2.) The petitioner who is a graduate in Mechanical Engineering from the Institute of Engineers of India, did post-graduation diploma in Operation Management from Bombay University and he also did U. S. International University Sandiego California in Organisation and Development and Industrial Relations. He also did M. B A. from the same University. He is a Fellow of the Institution of Engineers (India). He was selected in open competition in January, 1986 by the Board of Selection for the post of Chief Administrative Officer in the Management of the opposite party No. 1. He was also authorised to act as a Member Secretary. The petitioner started performing his duties honestly and diligently. He could not keep the Director happy as he wanted to perform all administrative functions which were pleasant and authoritative with no unpleasant consequences, whereas he wanted to use the petitioner as a scapegoat for unpleasant, irregular and questionable actions, and when the petitioner refused to associate with such dubious methods it resulted in the order which is under challenge.
(3.) The petitioner proceeded on leave from 9-2-1987 and remained on leave till 10-4-1987 and resumed duty on 13-4-1987. When the petitioner resumed duty he was threatened and asked to go back to Banglore. He was also orally told that his services have been terminated. The petitioner requested opposite party No. 2 to serve a copy of the termination order. Then the opposite party No. 2 suddenly changed his attitude and told the petitioner to keep the matter confidential but he was deprived of the powers to function as Chief Administrative Officer and ultimately a letter of termination was sent to him at Banglore on 10-4-1987. The petitioner was asked to return him the letter of termination but he firmly refused to do so. Then the petitioner was told orally that the said order of termination was inoperative. The petitioner continued to attend the office though he was harassed by various methods and in May, 1987 the petitioner was assigned many duties of administrative nature. The petitioner was intimidated. He was served with an order, dated 2-6-1986 whereby the powers of the petitioner as Member Secretary of the Board of Governors was withdrawn. The petitioner had sent a representation in May, 1987 narrating the injustice done to him but no reply was given to him and suddenly on 18-6-1987 termination order was served upon him. The petitioner left his job from Nairobi and many overseas assignments, brought his family to Lucknow though he belongs to Banglore.;