LAWS(CA)-2003-2-16

P KESAVA MANDADI Vs. KENDRIYA VIDYALAYA SANGATHAN

Decided On February 13, 2003

JUDGEMENT

(1.) IN this second round of litigation, the applicant Shri P. Kesava Mandadi belonging to Backward Glass has come to challenge the termination order dated 5.2.2002 (Annexure A-1) which has been passed after taking into consideration the observations and directions issued by the Hon'ble High Court in Civil Writ Petition No, 16826/CAT/1999 decided on 6.2.2001 (Annexure A-23). The profile of the precise facts leading to the present O.A. is as follows:

(2.) As a result of All India Written Examination, the applicant was selected and appointed as Education Officer on 3.11.1995 in the pay scale of Rs. 3000-5000. He joined the service on 22.11.1995 at Kendriya Vidyalaya Sangathan, Regional Office, Silchar (Assam). The appointment of the applicant was, inter alia, subject to the following two conditions:--

(3.) PURSUANT to the directions issued by the Hon'ble High Court, the applicant was reinstated in service by order dated 11.10.2001 (Annexure A-25) and he joined duty on 21.11.2001. A show cause notice as contemplated by the order of the Hon'ble High Court was served on the applicant on 22.11.2001 (Annexure A-26) to which a detailed reply was submitted by the applicant on 3.12.2001 (Annexure A-30). The applicant was also afforded opportunity of personal hearing which he availed on 4.2.2002. After taking into consideration the directions of the Hon'ble Court and the material on record, the Commissioner, Kendriya Vidyalaya Sangalhan, New Delhi--Respondent No. 1 again terminated the services of the applicant by passing the impugned order dated 5.2.2002 (Annexure A-1).