STATE OF UP Vs. MANI KANT SHUKLA

JUDGEMENT

(1.) RESPONDENT no.1 in the writ petition was a Police Constable. He worked as such since the year 1981. On 7th February 1986, his services were terminated treating him to be a temporary employee by invoking the provisions of U.P. Temporary Government Servants (Termination of Service) Rules, 1975 without holding an inquiry after informing him of the charges against him and giving him a reasonable opportunity of being heard in respect of those charges. RESPONDENT No.1 approached the State Public Services Tribunal, Lucknow challenging the said order of termination dated 7th February, 1986. By a judgment and order rendered on 22nd September 1995, the said Tribunal, after recording a finding that he was a regular employee and noting the admitted fact that no inquiry was conducted in respect of any charge against him after giving him an opportunity of being heard, held in his favour and quashed the said order of termination dated 7th February, 1986. Being aggrieved thereby, the State of Uttar Pradesh filed a writ petition in the High Court of Judicature at Allahabad, registered as Writ Petition 2039 (S/S) of 1996. The said writ petition was subsequently transferred by the Hon'ble High Court at Allahabad to this Court. The matter is now being decided by us.

(2.) IN the writ petition, nothing has been brought on record, which would suggest that respondent No.1 was not a regular employee and that he was a temporary employee and, accordingly, the said Rules apply to him and not Article 311 of the Constitution of INdia. That being the situation, the writ petition fails and the same is dismissed.