Jaishree Thakur, J. - (1.) The challenge in the present writ petition is to the order of termination dated 23.6.2009 (Annex.11 on record).
(2.) The petitioner was appointed on 27.4.2007 as a Programme coordinator in Krishi Vigyan Kendra, Danta, Barmer by respondent no.3 pursuant to an advertisement issued . As per the terms of appointment, the petitioner was to be on probation for a period of 12 months. On completion of one year's service, the petitioner requested for grant of annual grade increment but there was no such response to the request made. This request was followed up by two subsequent letters dated 11.11.2008 and 9.6.2009 but to no effect. On 10.6.2009, the petitioner made a complaint against use of vulgar language and misbehaviour by her colleagues in office and again no action was taken on the said letter. Thereafter, the petitioner fell ill and applied for leave from 28.6.2009 to 6.7.2009. While she was on sick leave, services of the petitioner came to be terminated on 23.6.2009 without there being any show cause notice or without issuing any charge-sheet. Immediately thereafter, the petitioner moved a representation against termination order. In reply thereto, respondent no.2, i.e., Zonal Project Director, The Indian Council of Agriculture Research (ICAR) wrote to respondent no.3 informing them that before terminating her services, the petitioner ought to have been issued a show cause notice and a request was made to re-look into the matter. Since the order of termination was not revoked, the present writ petition has been filed.
(3.) Mr. S.K. Malik, learned counsel appearing on behalf of the petitioner has contended that the petitioner was appointed on the post of Programme coordinator with respondent no.3 and on completion of probation period of one year, it would be deemed that she had been confirmed in service. It is argued that before terminating the services, no enquiry was conducted against the petitioner as per Central Civil Services (Classification, Control & Appeal ) Rules, 1965 and thus there has been flagrant violation of principles of natural justice .;