2018 Supreme(Jhk) 1764

IN THE HIGH COURT OF JHARKHAND AT RANCHI
PRAMATH PATNAIK, J.
Ajay Kumar Singh - Petitioner
Versus
Union of India, through Department of Personnel & Training, North Block, Central Secretariat, P.O. & P.S. North Block, District New Delhi and Ors. – Respondents
W.P.(S) No. 5295 of 2018
Decided On : 14-12 -2018

Headnote:

Companies Act, 1956 - Committed error of jurisdiction – Termination from services - Post of General Manager - Factual exposition as delineated in writ application in brief is that petitioner initially joined services of Coal India Limited as Junior Executive - By passage of time his services was transferred to Eastern Coalfields Limited where he was promoted to post of General Manager and accordingly he gave his joining on said post - Petitioner while posted as General Manager Area ECL an advertisement was published inviting applications for appointment on post of Director in ECL and petitioner being eligible applied and after due selection process appointment letter was issued to him - While continuing as such an advertisement was published by Public Enterprises Selection Board inviting applications from eligible executives for appointment on post of Chairman-cum-Managing Director Bharat Coking Coal Limited - Petitioner after going through selection process was declared successful and was appointed on said post vide and detailed terms and conditions of appointment of petitioner was communicated vide letter - It has been averred that in appointment letter it has specifically been mentioned that his tenure of appointment would be from date of assumption of charge of post till date of his superannuation or until further order whichever is earlier - Appointment letter further stipulates that appointment is of contract basis and Government will have an option to terminate his services with three months notice or with three months’ pay in lieu thereof – Held, Aforesaid decision to release him from service was taken by the respondents considering his overall performance, conduct and suitability for the job. While taking a decision in this regard neither is any notice required to be given to appellant nor is he required to be given any opportunity of hearing - Strictly speaking it is not a case of removal as sought to be made out by appellant but was a case of simple discharge from service - It is therefore, only a termination simplicitor and not removal from service on grounds of indiscipline or misconduct - While adjudging his performance conduct and overall suitability his performance record as also report from higher authorities were called for and they were looked into before any decision was taken as to whether officer concerned should be continued in service or not - So far repatriation of petitioner on post of General Manager Eastern Coalfields Limited is concerned it would be pertinent to note here that it was substantive post on which petitioner was working and post of Director was not his substantive post rather appointment on post of Director was also on contract basis which stood automatically terminated after joining of petitioner on post of CMD BCCL and serving for more than one year - So far submission of petitioner that alleged repatriation persons subordinate junior to petitioner are now holding higher posts is concerned at this juncture it would be pertinent to note here that petitioner on his own volition joined post of Director and CMD BCCL and furthermore nothing has been brought on record to show that persons working on substantive posts has been made senior to him – Hence this Court does not find any illegality in repatriation of petitioner on post of General Manager Eastern Coalfields Limited - Lien connotes civil right of a government servant to hold the post to which he is appointed substantively - Necessary corollary to aforesaid right is that such appointment must be in accordance with law - A person can be said to have acquired lien as regards a particular post only when his appointment has been confirmed and when he was been made permanent to said post - Word lien is a generic term and standing alone it includes lien acquired by way of contract or by operation of law - Whether a person has lien depends upon whether he has been appointed in accordance with law in substantive capacity and whether he has been made permanent or has been confirmed to said post - writ application is dismissed