TRIVENI SHANKAR SAXENA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal is filed by the appellant Triveni Shankar Saxena questioning the correctness of the judgment dated 23-8-1982 rendered by the High Court of Allahabad, Lucknow Bench in Writ Petn. No. 226 of 1980 allowing the said Writ Petition and quashing the order of the Uttar Pradesh Services Tribunal dated 6-10-1979. A few facts of the case as set out in Suit No. 367/ 74 filed before the Court of the Civil Judge, Moradabad may be stated:

(2.) In the wake of consolidation proceedings in the State of U.P., the appellant Was selected as a Consolidator on 5-11-1954, and was sent for training as a Consolidator at Rampur Training College, which hejoined on 16-11-1954 and after completing the training he again joined his original posting on 12-2-55.

(3.) On 24-3-55 the appellant was appointed as a Consolidator in Sah;iranpur by the Commission of Consolidation, U. Pt Government, Lucknow through the S.D.M. "doradabad and was relieved and sent on deputation. As a Consolidator the appellant was transferred from place to place in the normal course. He was transferred from Pilibhit on promotion as an Assistant Consolidation Officer (for short A.C.O.) at Azamgarh on 7-6-1967 and thereafter to Agra and to Lakhimpur. He was once again posted in Azamgarh as A.C.O. While it was so, the appellant received the order of termination of his services on 16-10-1971 from the Conlidation Commissioner, which order did not assign any reason. His case is that he was on deputation. According to the appellant, the only course left open to the Consolidation Commissioner was to revert him back to his substantive post, namely, Lekhpal, to which he was having a lien in the District of Moradabad and that he was not given any opportunity of representing his case and was not served with any memo of charge for terminating him though he had put in 19 years of service without a break and that the order of termination is bad in law as being violative of Rules 14-A and 14-B of the Uttar Pradesh Fundamental Rules contained in Part II of the Financial Handbook Volume II.