Chief Justice's Court Case :- SPECIAL APPEAL No. - 155 of 2009 Petitioner :- Manoj Kumar Respondent :- State Of U.P. & Others Petitioner Counsel :- Prakash Padia Respondent Counsel :- C.S.C. Hon'ble Ferdino Inacio Rebello,Chief Justice Hon'ble Amreshwar Pratap Sahi,J.
It was the case of the appellant that he was appointed on probation in
the office of respondent no. 2 and his services were orally terminated
during the period of probation. The learned Judge refused to entertain
the petition on account of latches resulting in the present appeal.
A reply has been filed on behalf of the respondent no. 2 to which the
Appellant herein has filed a rejoinder and also an application for
entertaining additional evidence.
In the reply filed on behalf of the respondent no. 3 it is alleged that the
appointment of the appellant herein was done by the then Executive
Officer by misusing his post and the Executive Officer had no right to
appoint the employee as that right is of the Chairman. The matter was
reported to the Government and two documents have been annexed,
one dated 14.11.2007 and the other dated is 16.11.2007. These two
documents indicate that the Chairman had taken a stand that the
appointment was done without his knowledge.
Though a rejoinder has been filed by the appellant herein and a copy of
the affidavit has been produced there is no specific denial of the
averment in paragraph 3 of the reply filed by the respondent no. 3.
Considering the documentary evidence as also the supporting affidavit,
we do not find any merit in the appeal to interfere with the order passed.
Hence, the appeal is dismissed.
Order Date :- 3.7.2010
Sahu