RAJESH KAUSHIK S/O G R SHARMA Vs. T RAMASWAMI SECRETARY MINISTRY OF SCIENCE AND TECHNOLOGY AND MS SUMAN K AGRAWAL UNDER SECRETARY MINISTRY OF SCIENCE AND TECHNOLOGY

JUDGEMENT

(1.) OA No. 885/2006 has been filed against action of respondents in denying age relaxation for regularization of the services of applicant. By way of interim relief applicant had prayed for restraining respondents from terminating his services by replacing him from fresh persons from open market. After hearing the learned Counsel of applicant on 4.5.2006 it was directed that short notice be issued to respondents returnable on 24.5.2006 and that respondents would maintain status quo as on date. While pleadings were deemed complete, interim orders dated 4.5.2006 were continued. In the present petition has been alleged that respondents have wilfully disobeyed Tribunal�s orders dated 4.5.2006 and terminated the services of applicant and have thus committed contempt of court.

(2.) In paragraph 4 of their compliance affidavit, respondents have stated, �the status quo which was granted by the Hon�ble Tribunal vide order dated 04.05.2006, wherein the Hon�ble Tribunal was pleased to issue the status quo order with regard to post in question i.e. the post of Staff Car Driver is being maintained till today. No further action has taken place with regard to that post after the order dated 04.05.2006 of the Hon�ble Tribunal.� It has further been stated that applicant�s services have been terminated/disengaged due to a subsequent incident. Applicant while working in the office of the Hon�ble Minister of Science and Technology and Earth Sciences indulged in drawal of large amount of petrol during the absence of the Hon�ble Minister but did not complete the log book showing proper utilization of the fuel drawn, thereby either indulging in malpractice or pilferage/stealing of petrol or misutilizing the vehicle in the absence of the Hon�ble Minister. Thus, applicant�s services were terminated w.e.f. 11.7.2006 but the post in question is still vacant as per directions of the Court made on 4.5.2006. It has further been stated that a formal complaint has also been lodged against applicant with Chanakyapuri Police Station, New Delhi.

(3.) THE learned Counsel of applicant stated that interim orders of the Court dated 4.5.2006 related to continuance of applicant on the post of Staff Car Driver and not regarding continuance and non-abolition of the post.