K.RAMASWAMY, B.L.HANSARIA
Union Of India – Appellant
Versus
Jayakumar Parida – Respondent
(1) DELAY condoned.
(2) LEAVE granted.
(3) THE respondent was appointed on 31/3/1989 as an Extra- Departmental Branch Postmaster and he had joined the post on 16/5/1989. His appointment was terminated on 25/2/1991. He filed OA No. 81 of 1991 in CAT at Cuttack. The tribunal by order dated 24/8/1994 set aside the order of termination on the ground that it did not contain any reason nor any opportunity is given to the respondent. Therefore, it was violative of principles of natural justice. Accordingly, it directed reinstatement of the respondent with all consequential benefits. Thus this appeal by special leave.
(4) RULE 6 of the Posts and Telegraphs Extra-Departmental Agents (Conduct and Salaries) Rules, 1964 provides that:
"6. Termination of Services.- The service of an employee who has not already rendered more than three years continuous service from the date of his appointment shall be liable to termination by the appointing authority at any time without notice."
(5) THE question is whether the termination of the respondent is in accordance with this rule. There appears to be a complaint laid against the respondent that he had produced a f
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