Mr Nandakumar G S/O K Govindaswamy vs Union Of India on 31 August, 2012

[Cites 2, Cited by 1]

Karnataka High Court

Mr Nandakumar G S/O K Govindaswamy vs Union Of India on 31 August, 2012

Bench: Subhash B. Adi

                                 W.P.No.36854/2009

                          1

 IN THE HIGH COURT OF KARNATAKA AT BANGALORE

       DATED THIS THE 31ST DAY OF AUGUST, 2012

                      BEFORE

       THE HON'BLE MR.JUSTICE SUBHASH B. ADI

         WRIT PETITION NO: 36854/2009(S-DIS)

BETWEEN

MR.NANDAKUMAR.G
S/O. K.GOVINDASWAMY
AGED ABOUT 30 YEARS
RESDING AT NO.F8
FACULTY BLOCK
AIHM&CT CAMPUS
NAGRESWARA NAGENAHALLI
KOTHANUR POST
BANGALORE-560 077                 ... PETITIONER

(BY SRI KUSUMA R.PRASAD, ADVOCATE FOR
    SRI L.M.CHIDANANDAYYA, ADVOCATE)

AND:

1.     UNION OF INDIA
       REPRESENTED BY ITS
       MINISTRY OF DEFENCE
       SOUTH BLOCK, NEW DELHI

2.     ARMY WELFARE SOCIETY
       A SOCIETY REGISTERED UNDER THE
       SOCIETIES REGISTRATION ACT
       HAVING ITS REGISTERED OFFICE AT
       NO.72, 2ND FLOOR, WING NO.II
       WEST BLOCK III, R.K.PURAM
       NEW DELHI-110 066

3.     BRIGADIER AND CHAIRMAN OF
       ARMY INSTITUTE OF HOTEL MANAGEMENT
       & CATERING TECHNOLOGY,
                                                W.P.No.36854/2009

                                  2

     HQ K & K SUB AREA
     CUBBON ROAD
     NEXT TO MANEKSHEW PARADE GROUND
     BANGALORE-560 001

4.   THE PRINICPAL
     ARMY INSTITUTE OF HOTEL MANAGEMENT
     & CATERING TECHNOLOGY
     POST KOTHANUR
     BANGALORE-560 077       ... RESPONDENTS

(BY SRI. S.M.ASWATHA NARAYAN, CGC FOR R1;
    SRI.VIVEK HOLLA OF M/S.HOLLA & HOLLA,
    ADVOCATE FOR R2-R4)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
CALL FOR THE RELEVANT RECORDS WHICH ULTIMATELY
RESULTED IN PASSING ORDER OF TERMINATION ORDER
VIDE ANNEXURE-A, DATED.24.11.2009

     THIS PETITION COMING ON FOR HEARING THIS
DAY, THE COURT MADE THE FOLLOWING:

                           ORDER

The petitioner has called in question the termination notice dated 24-11-2009 produced at Annexure-A, issued by respondent No.4. It is not in dispute that the petitioner was issued with an appointment letter dated 17.07.2008 to the post of lecturer (F & B) Production in Army Institute of Hotel Management & Catering Technology, Bangalore. W.P.No.36854/2009 3 Clause (4) of the terms and conditions of the said appointment order states that the petitioner would be on probation for a period of one year extendable by another one year. During the period of probation, the service of the petitioner can be terminated by giving three months' notice or salary in lieu of the notice without assigning any reason by the appointing authority and the petitioner may also resign from the post by giving three months' notice or salary in lieu thereof.

2. It is not the case of the petitioner that the probation is declared in terms of Clause (5). It is admitted fact that petitioner's service came to be terminated before the probation was declared. Admittedly, clause (4) of the appointment order clearly states that by giving three months' notice or salary in lieu of notice, the services of the petitioner can be terminated. The order of termination is a discharge simplicitor. W.P.No.36854/2009 4

In view of the above circumstances, I do not find any error in the impugned order. Accordingly, the writ petition stands dismissed.

All other questions if any are kept open.

Sd/-

JUDGE Yn.

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