STATE OF UTTAR PRADESH Vs. KAUSHAL KISHORE SHUKLA

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against the judgment of the Allahabad High court (Lucknow bench) setting aside the order dated 23/09/1980 terminating the respondent's services.

(3.) The sole question which falls for consideration in this appeal is whether the order dated 23/09/1980 terminating the respondent's services, who was admittedly an ad-hoc and temporary employee is vitiated in law. The High court has held that since juniors to the respondent were retained in service while the respondent's services were terminated, the order of termination was discriminatory in nature. It further held that since the order of termination was founded on an adverse entry awarded to the respondent in his character roll without giving him any opportunity on the ground that he was not suitable, the order "cannot be said to be a decision given in good faith". The High court further observed: "even if any punishment was to be awarded, it should have been proportionate to the alleged offence, if any. " On these findings the High court held that the order of termination suffered from apparent error of law; it accordingly allowed the respondent's writ petition and quashed the order of termination.