9911796707
TMI Blog1996 (8) TMI 513X X X X Extracts X X X X X X X X Extracts X X X X ..... ecretary representing the Government of India had filed the appeal obviously on behalf of Union of India. Accordingly, we reject the first contention. Proper explanation for 217 days has accordingly been given in the affidavit filed in support of the SLP. We find that the explanation offered by the appellant is well acceptable and is accepted. Accordingly, the delay is not in our view a bar to consider the matter on merits. Dismissal order was the foundation for cause of action. After dismissal of the Departmental’s appeal he laid the suit Accordingly, the suit came to be filed within limitation. The employer is entitled to terminate the services of its employee in terms of the order of appointment which confers power to take acti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... seeking declaration that the termination of his service was wrong, unconstitutional, that he should be deemed to have continued in service and that he was entitled to ₹ 84,000/- by way salary and damages by way of expenses incurred by him to defend the criminal cases etc. The trial Judge (single Judge of the High Court) by his judgement dated March 22, 1994, though held that the termination order was unconstitutional, since he was terminated without compliance of Article 311(2) of the Constitution, dismissed the suit as barred by limitation. On appeal, the Division Bench held that the suit was not barred by limitation for the reason that he had laid the suit after the rejection of his application for reinstatement and consequent to th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Haryana Ors [(1991) 2 SCC 335] and State of M.P. vs Syed Qamarali [1967 SLR 228]. He also contended that the appeal was incompetent since the respondent had impleaded the Union of India as the first party- defendant and the aggrieved person would be only the Union of India and not the Secretary. The Special Leave Petition also was barred by limitation. He also contends that on the peculiar facts and circumstances, since the respondent was under suspension right from 1957 and he had the relief from the Division Bench in 1994 with all consequential benefits, it may not warrant interference under Article 136 of the Constitution. Having given due consideration to the contentions of the counsel and having gone through the facts and circumst ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has to be laid on the counsel who was irresponsible is not informing the Government, after the appeal was allowed by the High Court. The Government acts only through its officers at diverse stage. The advocate who appeared for the Union of India had forsaken his responsibility without informing the Government of the action to be taken on the result of the decision given by the High Court. Admittedly, after the receipt of the copy of the judgment from the advocate on September 1, 1994 Several steps have been taken till filing the special leave petition on 23.1.1995. Proper explanation for 217 days has accordingly been given in the affidavit filed in support of the SLP. We find that the explanation offered by the appellant is well acceptable ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lt of the criminal case. Since he was acquitted of the charge on May 8, 1964, cause of action had on that day, first arisen to the respondent. We find no force in the contention. Three courses are open to the employer. Firstly to take action in terms of the order of appointment; Secondly, according to the conduct rules; and thirdly as a result of criminal case. In this case, the employer had exercised the first option, namely, termination of service in terms of order of appointment. Rule 5 of the Rule contemplates that Service can be terminated in terms of appointment. The terms of appointment clearly mentions that it can be terminated at any time without notice. Under those circumstances, the termination is in exercise of the statutory ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
