LAWS(DLH)-2007-9-413

RISHIPAL Vs. ADMINISTRATIVE CIVIL JUDGE

Decided On September 20, 2007
RISHIPAL Appellant
V/S
Administrative Civil Judge Respondents

JUDGEMENT

(1.) WITH the consent of the counsels for both the parties, the matter is being heard and disposed of at the admission stage.

(2.) THE present petition has been filed by the petitioner praying inter alias for a writ of certiorari for quashing the petitioner's termination order dated 7th April, 2006 and to direct his reinstatement with full salary and service benefits of back wages.

(3.) LEARNED Counsel for the petitioner assailed the impugned order on the grounds that said order was passed arbitrarily, with malafide intentions and without following the principles of natural justice. It was stated that the services of the petitioner were terminated illegally without taking into consideration his submission that his locker was broken open and all summons kept therein were stolen by someone. Reliance was placed on letters dated 16th June, 2001 and 9th October, 2001 issued by the petitioner to the respondent to state that an information about the theft in his locker was given to the respondent as early as in June, 2001 and not for the first time on 27th March, 2006, as has been recorded in the impugned order. It was also submitted that the petitioner was not afforded a proper opportunity to lead evidence in his favor and to cross -examine the department witnesses.