GOPAL SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) BY means this writ petition under Article 226 of the Constitution of India the petitioner made a prayer to issue a writ in the nature of certiorari to quash the order dated 4 -9 -1990, whereby the services of the petitioner were terminated by respondent no. 2.

(2.) THE petitioner was appointed Chaukidar in institute of Himalayan Environment and Development, Kosi, Almora in the pay scale of Rs. 750 -940 with effect from 1 -6 -1989 vide office memo of the said date (Annexure -1). The appointment was on adhoc basis for a period of one year. The appointment was liable to be terminated by one month's notice by either side without assigning any reason. The services of the petitioner were terminated by order dated 4 -91999 with immediate effect stipulating that one month's salary in lieu of notice period admissible to him will be disbursed by money order (Annexure -3). The order was issued with the approval of the Director of the institute by the Finance Officer. These facts are not in dispute.

(3.) THE petitioner alleged that his termination is wholly illegal as it has been passed without affording him any opportunity to explain his conduct; that some persons inimical to him made false complaint against him alleging their assault; that the Investigating Officer gave a certificate (Annexure -4) to the effect that he was not involved in the incident; that the post on which he was working is still in existence and in fact few more posts are vacant for which an advertisement had been published in a Newspaper on 31 -8 -1989 (Annexure -5) and that the arbitrary order of the termination of the service is illegal and without jurisdiction.