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2018 Supreme(Del) 181

PRATHIBA M.SINGH
UNION OF INDIA – Appellant
Versus
SAMEER SACHDEVA – Respondent


Advocates Appeared:
For the Appellants : Mr. Arun Bhardwaj, CGSC with Mr. Anurag Srivastava, Deputy Secretary and Mr. Din Dayal, Under Secretary.
For the Respondent:Mr. Adarsh Ganesh, Advocate.

JUDGMENT :

Prathiba M. Singh, J.

1. Mr. Sameer Sachdeva, Respondent/Plaintiff (hereinafter 'Plaintiff') was appointed on 28th March, 2003 with the Appellant No.1 on a contract appointment as a Project Manager for a World Bank project. The appointment was on a contractual basis for a period of three years. He was to be paid a consolidated sum of Rs.25,000/- per month for the duration of the contract. If he discontinued service before the expiry of three years, he would be required to refund Rs.50,000/-. Plaintiff joined the service on 28th March, 2003 vide appointment letter Ex.P1. According to the Plaintiff, the Appellant No.2/Defendant No. 2 had a personal enmity towards him and in order to harass him, order dated 13th August, 2003 was passed by which his term of employment was curtailed to two years at the discretion of the department with one month’s prior notice. His designation was also changed from ‘Project Manager’ to ‘Consultant’. He made a representation to the authorities requesting to revert him to his original position and on not getting a positive response, on 22nd September, 2003 he proceeded on leave. On 25th September, 2003, the impugned termination order (Ex.P7) was


































































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