SOBAT SINGH Vs. DISTRICT JUDGE, UTTARKASHI

JUDGEMENT

(1.) BY means of this writ petition, moved under Article 226 of the Constitution of India, the petitioner has sought writ in the nature of certiorari, quashing the order dated 25.05.1993, passed by respondent no. 1, whereby the services of the petitioner are terminated.

(2.) HEARD learned counsel for the parties and perused the affidavit, counter affidavit and rejoinder affidavit, on record.

(3.) BRIEF facts of the case, as narrated in the writ petition, are that the petitioner was appointed as Process Server in the Civil Court of District Uttarkashi, vide order dated 25.07.1983 (copy Annexure -1 to the writ petition) issued by the District Judge, Uttarkashi. It is stated that the petitioner had done his work to the utmost satisfaction of his superior officers. It is further stated that the petitioner went on medical leave for the period 16.12.1989 to 28.02.1990, and remained hospitalized for treatment of his mental illness. He resumed his duties on 01.03.1990. In Para 8 of the writ petition it is stated by the writ petitioner that in the carrier of his 10 years service, there had been no complaint relating to his work. He performed his duties with honesty and sincerity. However, the District judge, Uttarkashi (respondent No. 1) vide his order dated 25.05.1993, terminated the services of the petitioner with immediate effect. Hence, this writ petition was filed before the Allahabad High Court on the ground that the petitioner was not given any opportunity of being heard, and the impugned order suffers from arbitrariness, and also violative of Article 16 of the Constitution of India.