LAWS(CA)-2002-4-12

ASHOK KUMAR SARIAL Vs. UNION OF INDIA

Decided On April 09, 2002

JUDGEMENT

(1.) THIS is an application under Section 19 of the Administrative Tribunals Act, 1985, wherein the applicant has prayed for the following reliefs:

(2.) The facts relevant for the purpose of adjudication of the proceeding are summed up below:

(3.) THE controversy now revolves round the legitimacy of the order of cessation of the tenure of service of the applicant. Admittedly, the applicant was holding a tenurial post. THEre is no dispute that the tenure of the applicant was determined in view of the criminal case under Section 448/354 of the IPC against the applicant and also on the basis of the finding of the Enquiry Committee which found aprimafacie case against the applicant. THE order dated 28.11.2001 recited his term of appointment, the factum of lodging of FIR by the spouse of another Scientist of the Research Station. THE finding of the Enquiry Committee, the registration of the criminal case by the police and after recording the events the authority terminated the tenure of the applicant. THE full text of the impugned order dated 28.11.2001 is reproduced below: