ABHAY SHANKAR GAUR Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS O.A. has been filed for the following reliefs: -

(2.) THE official respondents have filed a detailed C.A. saying that this Tribunal has no jurisdiction because the applicant is not an employee. The association of the applicant with the Union and the position held by him in the same has no bearing with the working of the AIR and the said association is not recognized by the AIR. Press report published in the newspaper 'Aaj' Patna dated 9.9.2010 has established that the applicant indulged in activity which were against the terms and conditions laid down in the guidelines for engagement of PTCs and the contract signed by the applicant. Therefore, the notice was issued and the termination was invoking according to the terms of the contract. The reply filed by the applicant against the show cause notice was taken into consideration before passing the order of termination (But in fact no reference of the reply has been made in the entire impugned termination order). In the C.A. filed on behalf of the official respondents, after amendment in O.A. in Para 55, a plea has also been taken that termination/non -renewal of the contract is done after making a proper enquiry and giving due opportunity to the applicant to answer the queries. [This plea appears to be against the record because no proper enquiry was held and if it was held, applicant was not associated with the enquiry].

(3.) SIMULTANEOUSLY vide order dated 9.9.2011 after considering all the aspects of the matter as discussed in the order (running into five pages), the respondents were directed to consider the matter pertaining to issuance of an offer of yearly contract of PTC in favour of the applicant in accordance with the relevant scheme, ignoring the Patna incident. In furtherance thereof, the respondents considered the matter but decided against the applicant by passing an order dated 12.10.2011 which has also been impugned (Annexure -18).