HARPAL SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The appellant joined service as a Sales Tax Officer under the State of uttar Pradesh. There were four adverse entries against him, for the years 1976-77, 1977-78, 1978-79 and 1979-80. After those entries were made, by Order dated 24/7/1979 the appellant's services were terminated. Against the adverse entries in his C. R. the appellant filed a claim before the Uttar pradesh Services tribunal while against the order of termination of service the appellant approached the Lucknow bench of the Allahabad High court by filing a writ petition. The claim before the Services tribunal is still pending while the writ petition before the Highcourt has now been dismissed. The High court held that the appellant had not been confirmed and was still a temporary employee and the impugned order was one of termination simpliciter without any stigma.

(2.) When the matter came before this court by way of special leave against the decision of the High court, this court made two successive orders directing the services tribunal to dispose of the claim by fixing dates for compliance. The tribunal has failed to comply with the orders. Now that the appeal itself is being disposed of, it is not necessary to go into the justification for non-disposal of the complaint pending before the tribunal.

(3.) In the counter affidavit filed by the State it has been disclosed that the order of termination though apparently innocuous was grounded upon the adverse entries. Paragraph 6 (vii) of the counter affidavit filed in this court stated: