Termination of service of a probationer on the ground of misconduct without holding a regular inquiry is violative of the principles of natural justice.

       1. This writ petition is directed against the order dated 27.03.2008 issued by the Secretary (Admn.), Ajmer Vidyut Vitran Nigam Limited (`AVVNL'), Ajmer, whereby the service of the petitioner, holding the post of Junior Engineer-II as Probationer Trainee, stand terminated.

2. The relevant facts in the nutshell are that the petitioner entered the services of the AVVNL on being appointed to the post of Junior Engineer-II (Electrical) against the vacancies of the experienced quota as "Probationer Trainee" on the fixed remuneration of Rs. 4950/- per month for a period of two years. As per the terms and conditions of the appointment order, the services of the petitioner as Probationer Trainee were liable to be terminated at any time by giving one month's notice in writing or by giving one month's remuneration in lieu thereof; except in case of misconduct of any description where services could be terminated as per relevant provisions contained in AVVNL Employees (CCA) Regulations, 1962 ("Regulations of 1962") without giving any kind of notice.

3. On 29.02.2008, while the petitioner was posted as Junior Engineer-II, Probationer Trainee at AVVNL, Merta, a complaint was lodged by Assistant Engineer (Vigilance) AVVNL, Nagaur at Police Station, Electricity Theft Prevention, Nagaur, alleging therein that on 19.02.2008 when the Vigilance Team of AVVNL along with police personnels went to Village Pundlu to check the theft of electricity, they found that in the agricultural field of one Shri Jalaram S/o Ghamanda Ram, there was a 40KV Transformer installed, which was connected illegally with 11KV line of AVVNL. The Vigilance team found that the motor installed on the Tube-well of Jalaram was being operated by electricity supply through the transformer connected with 11KV line of AVVNL illegally. Accordingly, the transformer was seized and site inspection report was prepared.

4. On the basis of the complaint lodged as aforesaid, an FIR No. 49/2008 was registered at Police Station, Nagaur and the investigation commenced.

5. During the investigation, it was revealed that after completion of all formalities, the connection was released in favour of Shri Jalaram on 7.3.2008 and therefore, as on 19.2.2008 there was no legally issued connection was in existence in the name of Jalaram. As per the record of AWNL, the connection was released in favour of Jalaram after completion of necessary formalities only on 7.3.2008. It was further revealed that the equipments for installation of electricity connection in favour of Shri Jalaram were issued by the Store Keeper Shri Santosh Kumar under the order bearing signature of the petitioner herein. In this view of the matter, the petitioner was arrested by the police on 25.3.2008.

6. On the basis of the incident occurred as aforesaid, the petitioner's services were ordered to be terminated with immediate effect vide order dated 27.3.2008 issued by the Secretary (Adorn.) AVVNL, Ajmer. The contents of the termination order dated 27.3.2008 issued by the Secretary AWNL, Ajmer, germane to the matter in dispute, are reproduced hereunder for ready reference:

"Sh. Tarun Kumar Khatri, JEN-II-Probationer Trainee O/O the Assistant Engineer, AVVNL, Merta, has been arrested by the Dy.S.P.(Vig.), AVVNL, Ajmer on Dated 25.03.08 in the case of issue of Nigam's material illegally and in connivance with consumer helped in theft of electricity, and case under Section 135/136 & 150 of Indian Electricity Act-2003 was registered against him and was remained in judicial custody from 25-03-08 to 26-03-08 and Criminal Offence against him, is under investigation.

Sh. Tarun Kumar Khatri S/o Sh. Khushal Chand Khatri, was appointed as JEN-II-Probationer Trainee for a period of 2 years vide order No. 05/D.69 Dated 04,04.07 and whereas a criminal case has been registered against the said official by APTP Thana, Nagaur for the aforesaid theft of electricity in connivance with consumer and issue of material illegally. In view of