Sri Rabindra Kumar Mohanty Vs. State of Orissa and Ors.
EmailAppeal: Special Leave Petition No. 10657 of 1987.
Petitioner: Sri Rabindra Kumar Mohanty
Respondent: State of Orissa and Ors.
Apeal: Special Leave Petition No. 10657 of 1987.
Judges: RANGANATH MISRA & S. RANGANATHAN,JJ
Date of Judgment: Nov 09, 1987
Head Note:
CIVIL SERVICE
Removal from service – Respondent directed to give appointment to the appellant for one year – Senior officer to review the performance and if the appellant is found suitable, the question of continuance in service may be considered.
JUDGEMENT:
O R D E R
Heard Learned Counsel for the petitioner and perused several orders made from time to time in regard to this case. We are of the view that instead of issuing notice to the respondent and hearing the case in the usual way, it would be appropriate to require the respondent to give an appointment to the petitioner as conductor for a fixed period of one year. Before the year is over, his performance should be reviewed by a sufficiently senior officer free from prejudice and in case he is satisfied that the petitioner’s performance has been good, the question of continuance in service may be considered. Counsel for the petitioner undertakes that in case upon review, he is not found suitable he will not approach any Court. Special Leave petition is disposed of.
Heard Learned Counsel for the petitioner and perused several orders made from time to time in regard to this case. We are of the view that instead of issuing notice to the respondent and hearing the case in the usual way, it would be appropriate to require the respondent to give an appointment to the petitioner as conductor for a fixed period of one year. Before the year is over, his performance should be reviewed by a sufficiently senior officer free from prejudice and in case he is satisfied that the petitioner’s performance has been good, the question of continuance in service may be considered. Counsel for the petitioner undertakes that in case upon review, he is not found suitable he will not approach any Court. Special Leave petition is disposed of.
