Madhya Pradesh High Court
Santosh Patil vs Kasturba Gandhi Rashtriya Smarak ... on 9 March, 2022
Author: Chief Justice
1
IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
BEFORE
HON'BLE SHRI JUSTICE RAVI MALIMATH,
CHIEF JUSTICE
&
HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
ON THE 9th OF MARCH, 2022
WRIT APPEAL No. 48 of 2006
Between:-
SANTOSH PATIL S/O JAGANNATH PATIL, AGED
ABOUT 39 YEARS, 6-2947 SUDAMA NAGAR
INDORE
.....APPELLANT
(BY SHRI A.K. SETHI - SR.ADVOCATE WITH SHRI HARISH JOSHI -
ADVOCATE )
AND
1. KASTURBA GANDHI RASHTRIYA SMARAK
TRUST (KASURBAGRAM RURAL INSTITUTE), F-
69 BHAGATSINGH MARKET, NEW DELHI-1
2. KASTURBAGRAM RURAL INSTITUTE,
(AFFILIATED WITH DEVI AHILYA VISHWA
VIDYALAYA, INDORE)
POST KASTURBAGRAM, INDORE -20.
.....RESPONDENTS
(BY SHRI ROMESH DAVE - ADVOCATE )
This appeal coming on for hearing this day, Hon'ble Shri Justice
Vijay Kumar Shukla, Judge passed the following:
ORDER
The present intra court appeal is filed under Section 2 of M.P. Uchcha
Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 being aggrieved by
the judgment and order dated 19/1/2006 passed by the learned Single Judge in
Signature Not VerifiedDigitally signed by
SAN VARGHESE
MATHEW
Date: 2022.03.10
WP No.473 of 2001 by which the learned Single Judge has dismissed the writ
18:21:01 IST
petition filed by the appellant under Article 226 of the Constitution of India.
Facts of the case are that the appellant filed a writ petition challenging the
order of termination dated 31/7/2000. The appellant was appointed on the post
of LDC vide order dated 28/8/1998. It is mentioned in the order of
appointment that initially the appellant would be on probation. The probation
period of the appellant has been extended vide order dated 27/7/1999 for a
period of six months from 1/9/1999 to 28/2/2000 and thereafter subsequently by
order dated 27/1/2000 for further six months from 1/3/2000 to 31/8/2000.
However, before the completion of the probation period, by the impugned
order, his services has been terminated on the ground of unsatisfactory work.
The appellant submits that the termination was not on account of
unsatisfactory service but on account of certain allegations which are based
without evidence and, therefore, the termination on the basis of certain
allegations and misconduct cannot be termed as an order simplicitor and is
liable to be quashed.
The learned Single Judge held that the services of the appellant was on
probation and the same was extended twice for a period of six months and,
therefore, the respondents have rightly terminated the services of the appellant.
Looking to overall performance and audit objection, the performance of the
appellant was not satisfactory.
Learned counsel for respondents supported the order of termination and
the order passed by learned Single Judge. However, he submits that the
respondents are agreeable to pay lumpsum amount of Rs.2,00,000/- (rupees
two lakh) to the appellant in-lieu of reinstatement.
Signature Not VerifiedDigitally signed by
SAN
Upon perusal of the impugned order of termination of the services of the
VARGHESE
MATHEW
Date: 2022.03.10
18:21:01 IST
appellant dated 31/7/2000, it is manifest that the services of appellant have been
terminated on consideration of audit objection and on the basis of audit
objection it has been held that his work was not satisfactory and, therefore, his
services have been terminated. The order cannot be held to be simplicitor in
nature.
However, taking into consideration that the services of the appellant were
terminated on 31/7/2000 and he is out of job for last more than 21 years, we are
of the considered view that the appellant is not entitled for reinstatement.
However, instead of reinstatement it is directed that the respondents shall pay a
lumpsum compensation of Rs.2,00,000/- (rupees two lakh) to the appellant
within eight weeks from the date of communication of the order.
With the aforesaid, the appeal is partly allowed and disposed off.
(RAVI MALIMATH) (VIJAY KUMAR SHUKLA)
CHIEF JUSTICE JUDGE
VM
Signature Not Verified
VerifiedDigitally
Digitally signed by
SAN VARGHESE
MATHEW
Date: 2022.03.10
18:21:01 IST
