STATE OF UTTAR PRADESH Vs. KAMLA DEVI

JUDGEMENT

(1.) Leave granted.

(2.) We have heard learned counsel for the parties.

(3.) Though the respondent was appointed on 14/2/1972 on ad hoc basis, she was posted at different places during which period she remained either on leave or absconded from duty, except joining the places nearer to her native place Lakhimpur-Kheri. Consequently, authorities had taken action on 23/9/1980 to terminate her service in terms of letter of appointment. The respondent had approached the tribunal for reinstatement with back wages. The tribunal has set aside the order of termination holding that the termination is violative of Article 311 (2 of the Constitution since noenquiry was conducted against the respondent. The same came to be upheld by the High court in the impugned order in Writ Petition No. 1589 (SS) of 1994 passed on 5/4/1994.