BABU LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal on special leave is against the judgment and order passed by the High Court of Punjab and Haryana in Regular Second Appeal No. 307 of 1985 whereby the High Court upheld the order of termination of services of the appellant made on November 17, 1980 passed by the respondent No. 2, the Director of Food and Supplies and Deputy Secretary to Government of Haryana, Chandigarh.

(2.) The salient facts that gave rise to the instant appeal are as follows:- The appellant was appointed as Sub-lnspector, Food and Supplies in the Department of Food and Supplies by the Respondent No. 2 by order dated April 13, 1975 on ad hoc basis against the ex-servicemen quota. As per the service rules the terms and conditions of the said appointment are as hereunder:-

(3.) The appellant had been continuing in the said post of Sub-Inspector without any break till November 17, 1980 i.e..the date of termination of his services. The appellant, however, was served with an order of suspension made by respondent No. 2 on April 15, 1980 in view of the criminal proceedings pending against the appellant u/s. 420 of the Indian Penal Code during the pendency of which the order of termination was made on November 17, 1980. The said criminal proceeding being Criminal Case No. 1413 of 1981 was decided on October 21, 1981 wherein he has been acquitted of the said charge. The Additional Chief Judicial Magistrate, Narnaul had found that: