SHRI V.T. SAINUDDIN S/O SHRI ALI VALIYATHODI Vs. UNION OF INDIA (UOI) THROUGH THE SECRETARY MINISTRY OF EXTERNAL AFFAIRS,
LAWS(DLH)-2009-1-218
HIGH COURT OF DELHI
Decided on January 09,2009

Shri V.T. Sainuddin S/O Shri Ali Valiyathodi Appellant
VERSUS
Union Of India (Uoi) Through The Secretary Ministry Of External Affairs, Respondents


Referred Judgements :-

KUMARI SHRILEKHA VIDYARTHI VS. STATE OF UTTAR PRADESH [REFERRED TO]


JUDGEMENT

Suresh Kait, J. - (1.)THE Petitioner, being aggrieved by an order dated 6th August, 2007 in OA No. 2296/2006 passed by the Central Administrative Tribunal, Principal Bench, New Delhi has filed this writ petition.
(2.)BRIEF facts of the case are that the Petitioner is a Cleaner belongs to the locally recruited cadre of Government of India for Consulate General of India, Jeddah, Saudi Arabia. He was appointed against sanctioned post through proper selection process and the age of retirement from service is 60 years. The Petitioner was initially recruited in 1991 on consolidated salary and was subsequently appointed against the sanctioned post with effect from 1st July, 1995 vide office order dated 22nd July, 1995.
On receipt of the complaint, a charge -sheet was issued to the Petitioner for which the reply was also filed by the Petitioner. Vide order dated 25th October, 2005 his services were terminated.

(3.)THE contention of the Petitioner is that the inquiry was conducted in an unfair and illegal manner wherein the evidences were adduced behind the back of the Petitioner. He was neither permitted to cross -examine the witnesses, nor even permitted to have the main documents relied upon by the Respondents. More so, even the Inquiry Report was not provided to him before his termination. He further submitted that his termination order was issued by the Presenting Officer who was not competent to do so, therefore, the order of termination was without any authority. The learned Tribunal has not given any opinion on this issue, therefore, we also have decided not to say anything on this issue.


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