GAJJU RAM SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in the present writ petition is to the order dated 23.10.2009 (Annexure P-4) passed by respondent No.2 terminating the services of the petitioner after finding him unsuitable to hold the post in view of clause 8 of the regularization order dated 13.8.2008 (Annexure P-2).

(2.) Facts of the case in brief are that from 31.12.1985 the petitioner was working as daily rated labourer and pursuant to the circular dated 5.3.2008 issued by the State Government (Annexure P-1) his services were regularized vide order dated 13.8.2008 (Annexure P-2). As per clause 8 of the regularization order the petitioner was required to undergo character verification by the police. The said clause also mentions that if any adverse remark is found by the police in the character verification, services of the incumbent would be terminated without giving any opportunity of hearing or conducting departmental enquiry against him.

(3.) According to the case of the respondents, after issuance of regularization order when character verification of the petitioner was made by the police, it was found that crime No. 21/1980 was registered against him under sections 147, 148, 149, 324, 326 and 452 IPC and vide judgment dated 25.8.1987 he was convicted under Section 323 IPC and imposed a fine of Rs. 100, in default of payment of fine to undergo simple imprisonment for one month. According to the respondents, in view of clause 8 of the regularization order, services of the petitioner are liable to be terminated and that way the order impugned dated 23.10.2009 (Annexure P-4) is fully justified.