CHAMRU SAI YADAV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Aggrieved by the order passed by the respondents (Annexure P/1) dated 20.04.2010, the present writ petition has been filed.

(2.) Vide the impugned order, the respondents had terminated the services of the petitioner after giving him one month (30 days) notice.

(3.) The facts of the case are that the petitioner herein was appointed under the respondents as a daily wage employee in the year 1984, thereafter the petitioner stood regularized in service on 08.09.2008 (Annexure P/2). When the regularization was done, it was specifically held that services of the petitioner can be terminated after giving one month notice or one month salary in lieu of notice. It was also the condition of regularization that the credential of the petitioner and other workers would be subject to the verification and the regularization would be subject to the said verification including that of the character certificate to be provided by the Police Authorities. Subsequently, the Department received an intimation that the petitioner was involved in a criminal case for the offence punishable under Section 148, 324, 323 R/w section 149 and 249 of the IPC. It was also revealed that the petitioner had been under judicial custody for a period from 19.05.2009 to 07.07.2009. When the said character report of the petitioner was received from the Police Department by the employer, the impugned order (Annexure P/1) has been passed and Annexure P/1 shows that the order of termination has been passed after giving one month notice.