IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL WRIT PETITION NO. 7304 OF 2001 (SS) Rajesh Singh …….Petitioner. Versus The Commandant, Re-mount Training School and Depot Hempur, District Udham Singh Nagar & another. ………Respondents. Mr. Shivanand Bhatt, Advocate for petitioner. None appears for the respondents. 19th November, 2009 Hon’ble Sudhanshu Dhulia, J. Heard Mr. Shivanand Bhatt, Advocate for the petitioner. List revised. Case called out twice. None appears for the respondents. The petitioner was a Chaukidar/Night Guard in Army School situated at Hempur Depot, District Udham Singh Nagar. His services were terminated vide order dated 11.09.1993. The charge against the petitioner was that he was negligent in his duties. The order dated 11.9.1993 shows that a Court of Inquiry was held against the petitioner, in which he was found guilty of gross negligence of duty and attempting to steal school property, accordingly his name was struck off from the School Roll w.e.f. 27th August, 1993 i.e. the order by which the services of the petitioner were suspended. The petitioner has filed the documents before this Court, pertaining to the inquiry held against the petitioner. As per the document (Annexure No. 3 to the writ petition), it transpires that “the Court of Inquiry” was constituted 2 which composed of a teacher as Presiding Officer and two other teachers as members. Four witnesses including the petitioner were examined. What that has come from the statement of these witnesses is that the petitioner was negligent in his duties. However, vide order dated 11.9.1993 the services of the petitioner were terminated. Against the said order, the petitioner went before the Central Administrative Tribunal, Allahabad in the year, 1994 itself by moving an Original Application being Original Application No. 59 of 1994, which was subsequently disposed of by the Tribunal vide its order dated 25.07.2001 on the ground that the Re-mount Training School and Depot, Hempur, Nainital is only a society which has been constituted under the Societies Registration Act and it is not a part of an army establishment and it has not been notified under Section 14(2) of the Administrative Tribunals Act, 1985, therefore, Original Application is not maintainable. The petitioner has filed present writ petition in the year, 2001 itself. The services of the petitioner were terminated in the year, 1993 and now it is 2009. Much water has flown during this period. Moreover, the nature of employment of the petitioner itself was not of any permanent nature and no document has been filed by the petitioner regarding his appointment. It appears from the averment made in the writ petition that the petitioner was only a temporary servant in the establishment. This Court is, therefore, not inclined to interfere in this matter on the grounds which have been agitated before this Court. However, since the charges against the petitioner are not of any serious nature and the petitioner is without a job as it has been stated at the bar by the learned counsel 3 for the petitioner, the respondent no. 1/The Commandant, Re-mount Training School and Depot Hempur, District Udham Singh Nagar is directed to consider the representation of the petitioner, which may be filed within a period of three weeks from today along with a certified copy of this order. Respondent no. 1 on having received such a representation of the petitioner may if he thinks it appropriate, and subject to the present requirement of the School consider giving a fresh appointment to the petitioner. With the aforesaid direction, writ petition is disposed of. No order as to costs. (Sudhanshu Dhulia, J.) 19.11.2009 Rathour