- (1.) IN the accompanied writ application, the petitioner has inter alia prayed for quashing of letter no. 306 dated 30.03.2010 (Annexure 4) issued by respondent no. 4 terminating the services of the petitioner from the post of Accountant -cum -Computer Operator at Kasturba Gandhi Balika Awashiya School, Meral and for stay of the appointment on the said post, as advertised vide letter no. 1337 Garhwa dated 27.08.2010 (Annexure 6).
(2.) SANS details, the facts in a nutshell, is that petitioner was appointed as Accountant -cum -Computer Operator on 8.11.2006 in Kasturba Gandhi Balika Awasiya School, Meral on contractual basis vide deed of agreement dated 08.11.2006 (Annexure 1) and pursuant to the said agreement, the petitioner joined on 9.11.2006. It has been stated that the petitioner continued to discharge his duties with complete devotion, but to the utter surprise and consternation, the District Education Officer -cum -District Program Officer, Sarva Siksha Abhiyaan, Garhwa vide its letter no. 306 dated 30.03.2010 (Annexure 4) terminated the petitioner from the said post purportedly on certain financial irregularity. Being aggrieved with the aforesaid order, the petitioner approached this Court invoking extra ordinary jurisdiction of this Court under Article 226 of the Constitution of India for redressal of his grievances.
(3.) PER contra, counter affidavit has been filed on behalf of respondents controverting the averments made in the writ application. It has been stated, inter alia in the counter affidavit that the appointment of the petitioner in the said school was purely on contract basis with certain terms and conditions including rendering of satisfactory service, but, the petitioner could not maintain the same during his service period. It has further been stated on receipt of complaint from various sources an inquiry was conducted vide memo no. 1410 dated 07.12.2009 (Annexure A) consisting of five members. Further an audit was also done and in the light of the audit report, an explanation was sought from the petitioner and one Warden -Smt. Pushpa Kumari vide Memo no. 231 dated 13.03.2010 (Annexure C), to which, the petitioner replied vide letter dated 21.03.2010 accepting that financial irregularities has been done by him. It has further been submitted that on perusal of Annexure 1, it is amply clear that the petitioner was appointed on contract basis and as per the terms and conditions laid down in agreement, the services of the petitioner can be terminated on giving one month's notice by the Deputy Commissioner and in the present case also order of termination has been passed with the consent of Deputy Commissioner. It has been stated that on the above counts, the writ petition being devoid of merit is liable to be dismissed. Heard learned counsel for the petitioner and learned counsel for the respondents.;