Whether termination order is proper?

Querist : Anonymous (Querist) 04 January 2011 This query is : Resolved
Dear Sir,
I am working in an organisation on adhoc basis and during the pendency of the case before CAT my employer(Director) has terminated my services

The termination order was not conveyed to me but to my Head of Department in Nov 2010 who has informed that I should not come in Department from the next day and refused to serve me the copy of the order and stated that copy is not for him only
I send my representation to Director to furnished me the copy but I was not supplied Then I filed the RTI Application and I was informed that decision of the Director was conveyed to Head of Deaprtment under whom I was working

Then I filed the complaint Application before Central Information Commission for not furnishing me the copy

and also filed the separate Petition before CAT to give underatking whether such order has ever been passed by him

My queries are
1 If I get the copy of the order through RTI or other mode whether Termination order is proper as It has not been conveyed to the employee concerned?

2 Whether I should have to file the separate Petition for quashing the order as in my previous petition I have not specifically prayed for quashing the same as I don't have the copy of the order?

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Raj Kumar Makkad (Expert) 04 January 2011
1. I think non-supplying the copy of the order is not the sole ground to describe such notice as improper. There are various other grounds which make such termination as illegal.

2. Even if you have no copy of order, you can challenge it and its copy can be sought by CAT from your employer. It is sufficient on your part to claim that you have been terminated orally.

Querist : Anonymous (Querist) 04 January 2011
I do agree sir, but it has not been conveyed to me but has conveyed to head of department?

Kirti Kar Tripathi (Expert) 05 January 2011
In case, you get copy of the order, it is advisable to challenge the said order too in the existing petition taking all the possible grounds simultaneously with all the grounds of oral termination. This you can do by way of amendment. In my opinion no fresh petition will lie.

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