STATE OF UTTAR PRADESH Vs. KRISHNA KUMAR SHARMA

JUDGEMENT

(1.) The respondent, Krishna Kumar Sharma, was recruited as a Temporary Fireman Constable in the Office of the Superintendent of Police, in Police Fire Brigade with effect from 23/11/1971. By order dated 20/1/19800, his services were terminated by paying him one month's pay in lieu of notice under the U. P. Temporary government Servants (Termination of Services) Rules, 1975 (hereinafter referred to as "the Rules"). The respondent filed a claim petition before the U. P. Public Services tribunal (hereinafter referred to as "the tribunal") but the same was dismissed by the tribunal by its judgment dated 21/11/1985. Thereafter, the respondent filed a writ petition (CWP No. 3909 of 1986 in the Allahabad High court which has been allowed by the High court by the impugned judgment dated 10-12-1991. The High court has held that the termination of the services of the respondent was by way of punishment and since he was not afforded reasonable opportunity against the said action the said order was passed in violation of Article 311 (2 of the Constitution. The High court has placed reliance on the averments contained in paragraph 19 of the counter-affidavit filed on behalf of the appellants wherein it has been stated that the work of the respondent was not satisfactory and he was a habitual absentee without leave and, therefore, his services have been terminated. According to the High court the said averments in the counter-affidavit indicate that the termination of services was by way of punishment.

(2.) In the context of the provisions contained in the Rules this court in State of U. P. v. Kaushal Kishore Shakla has laid down:

(3.) In the present case, we find that in the character roll of the respondent for the years 1974, 1975, 1976 and 1979 there were the following remarks: