JUDGMENT

Shivaraj V. Patil, J.

The appellant, in this appeal, has assailed the validity and correctness of the order passed by the Division Bench of the High Court affirming the order of the learned Singal Judge passed in original writ petition upholding the order of termination of his services. The appellant was appointed by the respondent-corporation on 7.10.1994 as Junior Manager (Quality Control) subject to certain terms and conditions. The relevant condition for the purpose of this case reads :

"You will be on probation for a period of two years within a continuous service of three years. You will be absorbed in the regular service of this corporation only on satisfactory completion of the period of probation. If your performance during the period of probation is found unsatisfactory, the Corporation reserves the full right to terminate your service without any prior notice."

2. It was his duty to inspect all the commodities received by the Corporation at the depots and to verify the quality of goods in conformity with the specification given by the Head Office. On complaints received as to the quality of red chilies accepted by him and sent for distribution, a show-cause notice dated 25.11.1995 was issued to him. He submitted his explanation requesting to drop further proceedings and giving assurance that in future, utmost care would be taken while accepting the commodities. In that view, further proceedings were dropped. Again on a similar report as to failure of his duty, a show-cause notice dated 12.12.1996 was issued, which is extracted below : -

"No. E5-17135/96

Dated 12th December, 1996

Show Cause Notice

Ref : 1. Lr. No. D10-10427/90 (1) dated 7.10.1994 of M.D. KSCSC.

2. Inspection Report of Manager (QC) No. Q/C. 3/96.

You are directed to show cause within 7 days of receipt of this notice why your service should not be terminated on the following grounds :

1. That you Sri. Mathew P. Thomas, Junior Manager (QC) Koshikode Region inspected the Consignment of 220 bags Bangalgone (Small) on 24.10.1996 delivered in truck No. KL13 A-3409 supplied by M/s. "Suresh Trading Kochi received at the District Deport, Kannur on 23.10.1996 and certified the analysis report that the Consignment is within specification and as per sample and recommended for acceptance even though the stock was found not in conformity with the sample supplied from Head Office and the actual refraction was not within the rejection limit as found on a super check conducted" by Manager (QC) .

2. That you have recommended for acceptance of the stock of Greengram for which GRS was issued vide No. 166/7 dated 18.10.1996 which was not in conformity with the tender samples and the actual refraction was not within the rejection limit which is revealed on a check conducted by Manager (QC) .

3. That you have accepted the following Consignments which were kept at District Depot, Kannur even though they were found not acceptable in the analysis conducted by Manager (QC) on 19.11.1996.

(a) Toordhal - supplied by M/s. Sagar Enterprises.

(b) Bengalram (small) by Suresh Trading.

(c) Toorbal - supplied by M/s. Swastic Sales Agencies.

4. That you have colluded with the suppliers for undue pecuniary benefits.

5. That you have betrayed the confidence reposed on you as responsible officer of the Corporation.

Your action described above amounts to grave misconduct, gross negligence, dereliction of duty, disobedience of orders, Clear violation of standing instructions detrimental to the interest of this Corporation which tantamounts to unsatisfactory performance on your part.

If nothing is received within the stipulated time, action will be proceeded with on the presumption that you have no defence in this case and your services will be terminated as laid down in Clause 2 of the reference first cited.

Sd/-

Managing Director

To :

Shri Mathew P. Thomas

Junior Manager (QC)

(Through Manager (QC), for service and return."

3. The appellant gave explanation to the said show-cause notice. The respondents f