K.K. SAKSENA VERSUS INTERNATIONAL COMMISSION

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 11499 OF 2014

(ARISING OUT OF SLP (C) NO. 30348 OF 2011)

K.K. SAKSENA …..APPELLANT(S)

VERSUS

INTERNATIONAL COMMISSION ON

IRRIGATION AND DRAINAGE & ORS. …..RESPONDENT(S)

 

The appellant herein was appointed to the post of Secretary, ICID, vide letter of appointment dated January 03, 1997. Pursuant to that letter, he joined the services in ICID on January 20, 1997. Thereafter, his services were terminated vide letter dated August 15, 1999, with immediate effect from August 16, 1999, on the ground that the same were no longer required by the ICID. It was followed by a communication dated August 27, 1999 whereby the appellant was given two cheques in the sum of ₹77,388/- and ₹98,141.50/- towards three months’ basic pay in lieu of notice and the dues towards contributory provident fund respectively. It would be pertinent to note that these dues were given pursuant to the request of the appellant contained in his letter dated August 19, 1999 claiming three months’ salary as per the rules as also payments for provident fund. After receiving these cheques, the appellant requested for revocation of the order of termination, which was followed by reminders dated September 02,1999 and October 16, 1999. As he did not receive any response to the aforesaid requests, he approached the High Court by filing writ petition under Article 226 of the Constitution of India alleging that the termination of his services by the ICID was an act of arbitrariness and unreasonableness and, thus, violative of Article 14 of the Constitution. Plea of the appellant in this behalf was that the said order of termination was without holding the inquiry and no reason was given to dispense with the said inquiry as well and, therefore, was in violation of ICID Employees Conduct Rules, 1967, particularly Rule 33(b) thereof, which mandates reason to be given for dispensing with the inquiry….read more